Crosby v. Robbins
Montana Supreme Court
Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by George S. Crosby against F. L. Robbins, as executor of the last will of John D. Losekamp, deceased, and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. We are unable to find any case where a transaction such as the one here involved is construed as a trust.
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Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Action by George S. Crosby against F. L. Robbins, as executor of the last will of John D. Losekamp, deceased, and another. From a judgment for plaintiff and an order denying them a new trial, defendants appeal. We are unable to find any case where a transaction such as the one here involved is construed as a trust. Our statute defines a trust as: “An obligation arising out of a personal confidence imposed in and voluntarily accepted by one for the benefit of another.” (See.-5365, Rev. Codes.) It is not every case where the…
1Opinion of the CourtJustice Holloway
When the Northwestern Oil Befining Company, a Wyoming corporation, was organized, its preferred stock was sold to John D. Losekamp, Geo. S. Crosby, Chas. F. Stocker, O. C. Cato, J. W. Vaughan, A. H. Barth and A. S. Hanson. The common stock was held by a Dr. Bonnar. The funds derived from the sale of the preferred stock were exhausted in building a refinery,' and the company found itself without means to operate or market its products. Negotiations were conducted with Dr. Bonnar with *186the result that he transferred to Losekamp 410 shares of the common stock, to be distributed as a bonus to the…
2Cases cited7 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Croft v. BainMontana Supreme Court · 1914
- Beaverhead Canal Co. v. Dillon Electric Light & Power Co.Montana Supreme Court · 1906
- Haggin v. SaileMontana Supreme Court · 1899
- Yellowstone National Bank v. GagnonMontana Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ferguson v. StandleyMontana Supreme Court · 1931
- Lewis v. BowmanMontana Supreme Court · 1942
- Ballenger v. TillmanMontana Supreme Court · 1958
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- Crissey v. State Highway CommissionMontana Supreme Court · 1966
17 more not listed; retrieve them via the Exa API.