Anderson v. Red Metal Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow Countyj Geo. M. B our quin, Judge. Action by A. E. Anderson against the Red Metal Mining Company, Paris Bros, and others. Judgment for plaintiff, and defendants Paris Bros, appeal from it and an order denying them a new trial. The object of this suit, so far as these -defendants are concerned, was to cancel the assignment, which it is alleged they held. This calls for the exercise of equitable jurisdiction.
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Appeal from District Court, Silver Bow Countyj Geo. M. B our quin, Judge. Action by A. E. Anderson against the Red Metal Mining Company, Paris Bros, and others. Judgment for plaintiff, and defendants Paris Bros, appeal from it and an order denying them a new trial. The object of this suit, so far as these -defendants are concerned, was to cancel the assignment, which it is alleged they held. This calls for the exercise of equitable jurisdiction. Plaintiff wants the instrument canceled on the principle of quia timet. “The power to cancel a written instrument is a purely equitable remedy.” (2…
1Opinion of the CourtChief Justice Brantly
This action originated in a justice of the peace court. It ■was brought to recover a judgment against the Red Metal Mining Company, hereinafter referred to as the “company,” upon an account for $94 for labor performed for the company during September, 1907, by one Frankovich, which the plaintiff alleges had been assigned to him for value. Frankovich and Paris Bros., a copartnership, were made parties defendant.
*317The complaint contains allegations sufficient to state a cause of action against the company. No attempt is made to state a cause of action against Frankovich, nor in the prayer is…
2Cases cited13 opinions
- Clark v. . MosherNew York Court of Appeals · 1887
- Harper v. HildrethCalifornia Supreme Court · 1893
- Donovan v. McDevittMontana Supreme Court · 1907
- Gassert v. BogkMontana Supreme Court · 1888
- T. C. Power & Brother v. MurphyMontana Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Riley v. BlackerMontana Supreme Court · 1915
- Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1928
- Jenkins v. CarrollMontana Supreme Court · 1910
- Highsmith v. Tyler State Bank & Trust Co.Court of Appeals of Texas · 1946
- Davis v. ClaxtonMontana Supreme Court · 1928
12 more not listed; retrieve them via the Exa API.