Marshall v. Livingston National Bank
Montana Supreme Court
Appeal from Sixth Judicial District, Paris Gownty. Action to recover wages from assignee of insolvent debtor. The cause was tried before Henry, J., upon an agreed statement of facts. Plaintiff had judgment below. Statement of the case by the judge delivering the opinion. This case was tried upon an agreed statement of facts, made and submitted under the provisions of the statute.
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Appeal from Sixth Judicial District, Paris Gownty. Action to recover wages from assignee of insolvent debtor. The cause was tried before Henry, J., upon an agreed statement of facts. Plaintiff had judgment below. Statement of the case by the judge delivering the opinion. This case was tried upon an agreed statement of facts, made and submitted under the provisions of the statute. The agreed statement sets forth as follows: The defendant was a banking corporation, duly organized, etc. On June 2, 1891, E. C. Waters was operating the Albemarle Hotel, in the city of Livingston, Park County,…
1Opinion of the CourtDe Witt, J.
E. C. Waters was a debtor. He transferred all his personal property within the jurisdiction of the court to the Livingston National Bank, which was a creditor to the amount of $5,737.09, and which indebtedness Waters was unable to pay, and by reason of which inability he made the transfer of said property. We think that it is clear, from the agreed case, that Waters did this on account of his inability to pay his debts.
What was this transfer — a chattel mortgage or an assignment? It is called a “chattel mortgage” in the instrument and in the language of the agreed case. But we have the whole…
2Cases cited17 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- White v. CotzhausenSupreme Court of the United States · 1889
- Fromme v. JonesSupreme Court of Iowa · 1862
- Dickson v. L. & S. RawsonOhio Supreme Court · 1855
- Dana v. StanfordsCalifornia Supreme Court · 1858
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3Cited by4 opinions
- Noyes v. RossMontana Supreme Court · 1899
- Knatz v. WiseMontana Supreme Court · 1895
- Beall v. CowanCourt of Appeals for the Ninth Circuit · 1896
- Tuttle v. Merchant's National BankMontana Supreme Court · 1896