Legal Opinion

Kent & Stanley Co. v. Tuttle

Montana Supreme Court

Decided October 18, 1897PublishedCited by 3 opinions

Appeal from District Court, Silver Bow county. William O. Speer, Judge. Action by the Kent & Stanley Company, a corporation, against' H. S. Tuttle and others, which was dismissed by plaintiff, before judgment, as to defendant J. ' H. Leyson. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion.

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Appeal from District Court, Silver Bow county. William O. Speer, Judge. Action by the Kent & Stanley Company, a corporation, against' H. S. Tuttle and others, which was dismissed by plaintiff, before judgment, as to defendant J. ' H. Leyson. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff sued to recover' $158.02, alleged to be due by the defendants, trustees of the Tuttle-Dugan Jewelry Company, of Butte, Montana. Plaintiff alleged that at the time mentioned in the complaint it was and is a corporation existing under…

1Opinion of the CourtHunt, J.

—The plaintiff expressly admitted by its replica*207tion to the answer of the defendant Tuttle that it never complied with the laws of Montana imposing certain conditions upon which foreign corporations might do business in this state, as set forth in Tuttle’s answer. It further expressly admitted in its replication that at and prior to the date of the sale and delivery' of the goods, wares, and merchandise described in its complaint it had engaged in, and was engaged in, the business of selling and delivering goods, wares, and merchandise to merchants and citizens in the, county of Silver Bow…

2Cited by3 opinions

  1. Butte Hardware Co. v. KnoxMontana Supreme Court · 1903
  2. Gould Land & Cattle Co. v. Rocky Mountain Bell Telephone Co.Wyoming Supreme Court · 1909
  3. Zion Co-operative Mercantile Ass'n v. MayoMontana Supreme Court · 1899

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