Williams v. Johnson
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by F. D. Williams, as receiver of the State Savings Bank of Butte, against E. T. Johnson. From a judgment for defendant, plaintiff appeals. In approaching the argument herein, we very frankly confess that the rule laid down in the case of Mercer v. Dyer, 15 Mont. 317, 39 Pac. 314, will have much to do with the decision of the court herein.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by F. D. Williams, as receiver of the State Savings Bank of Butte, against E. T. Johnson. From a judgment for defendant, plaintiff appeals. In approaching the argument herein, we very frankly confess that the rule laid down in the case of Mercer v. Dyer, 15 Mont. 317, 39 Pac. 314, will have much to do with the decision of the court herein. However, the fund involved in the Mercer Case was a trust fund — not in the sense that all the funds in the possession, of the. receiver constitute trust funds, but the fund…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff, as receiver of the Butte Savings Bank, to recover the sum of $1,000 due from defendant to the bank upon a demand note for borrowed money, dated May'5, 1914, together with interest at the rate of eight per cent per annum. Though formal pleadings were filed, the cause was submitted to the trial court upon an agreed statement of facts, which may be epitomized as follows: The bank is a corporation organized under the laws of Montana as a savings trust deposit and security association, and, at the date of the execution of the note in controversy, was engaged…
2Cases cited28 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- People v. Cal. Safe Deposit & Tr. Co.California Supreme Court · 1914
- Stadler v. First National BankMontana Supreme Court · 1899
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3Cited by14 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Upham v. BramwellOregon Supreme Court · 1922
- Gilbertson v. Northern Trust Co.North Dakota Supreme Court · 1925
- North Side State Bank v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1923
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