Brooks v. Brooks Pontiac, Inc.

This is an appeal from a judgment dismissing plaintiff’s complaint. The appeal is on the judgment roll.

Plaintiff first filed a complaint in the name of Brooks Pontiac, Inc., as its President against the Union Bank and Trust Co. The Board of Directors of Brooks Pontiac, Inc., voted to discontinue the action and refused to prosecute the same.

Subsequently plaintiff filed an amended complaint in his own name against Brooks Pontiac, Inc., and Union Bank and Trust Company of Helena. The amended complaint alleged the corporate existence of the two defendants which will hereinafter be referred to as…