Gardner v. First National Bank
Montana Supreme Court
Appeal from, Seventh Judicial District, Yellowstone County. The cause was tried before Milburn, J., upon an agreed statement of facts. The defendant had judgment below. Statement of facts, prepared by the judge delivering the opinion.
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Appeal from, Seventh Judicial District, Yellowstone County. The cause was tried before Milburn, J., upon an agreed statement of facts. The defendant had judgment below. Statement of facts, prepared by the judge delivering the opinion. The case was tried upon an agreed statement of facts, which, with the admissions of the pleadings, are as follows : On August 18, 1887, J. W. Story and one Jackson made a joint note to respondent, the bank, for $1,000, and also a note with one Severance for $1,200 to the bank, each at sixty days. That on these notes Story borrowed $2,200 from the bank. That at…
1Opinion of the CourtBe Witt, J.
In the lifetime of the deceased, J. W. Story, he gave the bank authority to apply his deposits to the payment of the notes, and before maturity, if the bank so desired. This was the creation of an agency, or a power of attorney, a power which was never exercised during the life of Story, or prior to the knowledge of the bank of Story’s death. After his death, and notice to the bank thereof, the power was exercised, or the *153agency acted upon, and the deposits applied. There is no question of consideration, or contract, or rights of innocent purchasers without notice, involved in the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Wilson v. WhiteCalifornia Supreme Court · 1890
- Norton v. WhiteheadCalifornia Supreme Court · 1890
- Houghtaling v. MarvinNew York Supreme Court · 1849
3Cited by6 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Trenouth v. MulroneyMontana Supreme Court · 1951
- Chapman v. Regional Agricultural Credit Corp.District Court, D. Montana · 1941
- Schuler v. Citizens' BankSouth Dakota Supreme Court · 1900
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
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