Waite v. Holmes

MR. CHIEF JUSTICE HARRISON:

Tbis is an appeal from a judgment granting tbe defendants’ motion for judgment on tbe pleadings and denying relief prayed for by tbe plaintiff.

Tbe plaintiff in tbis action is Gardner C. Waite, a licensed insurance agent in tbis state. Defendants are John J. Holmes, as State Auditor of tbe State of Montana, and, ex officio, tbe Commissioner of Insurance, hereafter referred to as Holmes, and Saskatchewan Guarantee and Fidelity Company, Ltd., hereafter referred to as defendant corporation.

Tbe plaintiff alleged in bis complaint that: 1. He is a resident and citizen of…