State Savings Bank v. Albertson
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the State Savings Bank against Henry Albertson and another to recover on a note. From a judgment for plaintiff, and from an order denying defendants’ motion for a new trial, defendants appeal. The Ferrells were engaged in carrying on an illegal business, to-wit, gambling. Hence, there could be no partnership obligation between the appellants and the Ferrells.
Read the full summary
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the State Savings Bank against Henry Albertson and another to recover on a note. From a judgment for plaintiff, and from an order denying defendants’ motion for a new trial, defendants appeal. The Ferrells were engaged in carrying on an illegal business, to-wit, gambling. Hence, there could be no partnership obligation between the appellants and the Ferrells. If this purpose was one against public policy it could not be contended that any contract in connection with it could be enforced. The appellants could…
1Opinion of the CourtChief Justice Brantly
Appeal from a judgment in favor of plaintiff and from an order denying defendants’ motion for a new trial. The com*419plaint contains two counts. The first alleges that Fred. M. Ferrell, John J. Ferrell, Henry Albertson, and George Kendall were between December 24, 1900, and May 27, 1901, copartners doing business under the firm names of the Fred. M. Ferrell Company and the John J. Ferrell Brokerage Company; that on January 2, 1901, they caused to be executed and delivered to the plaintiff a promissory note for the sum of $4,000, signed “Fred. M. Ferrell Co.,” and “John J. Ferrell Brokerage Co.,”…
2Cases cited10 opinions
- Barbieri v. RamelliCalifornia Supreme Court · 1890
- Merced Security Savings Bank v. CasacciaCalifornia Supreme Court · 1894
- Colorado Eastern Ry. Co. v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1899
- Grigsby v. Napa CountyCalifornia Supreme Court · 1869
- People Ex Rel. Stone v. JefferdsCalifornia Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Carnegie Nat. Bank v. City of Wolf PointCourt of Appeals for the Ninth Circuit · 1940
- Barth v. ElyMontana Supreme Court · 1929
- Leffek v. LuedemanMontana Supreme Court · 1933
- Kujich v. LillieMontana Supreme Court · 1953
- Silver v. EakinsMontana Supreme Court · 1918
29 more not listed; retrieve them via the Exa API.