Daly Bank & Trust Co. v. Great Falls Street Railway Co.
Montana Supreme Court
Appeal from District Court, Cascade County; John W. Tat- ■ ian, Judge. Action by the Daly Bank and Trust Company of Butte against tbe Great Ealls Street Railway Company and Lizzie Hamilton. From a judgment for plaintiff, defendant Lizzie Hamilton appeals. Chapter XXV, fifth division, Compiled Statutes of 1887, is entitled “Bailroad Corporations,” comprehending foreign and domestic, mercantile and street railway corporations.
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Appeal from District Court, Cascade County; John W. Tat- ■ ian, Judge. Action by the Daly Bank and Trust Company of Butte against tbe Great Ealls Street Railway Company and Lizzie Hamilton. From a judgment for plaintiff, defendant Lizzie Hamilton appeals. Chapter XXV, fifth division, Compiled Statutes of 1887, is entitled “Bailroad Corporations,” comprehending foreign and domestic, mercantile and street railway corporations. It is general, and any limitation placed upon sections 706 and 707, by the insertion of any word that would change the meaning of the language used, is not warranted and…
1Opinion of the CourtJustice Holloway
delivered tbe opinion of tbe court.
In 1891 tbe Great Ealls Street Railway Company, a New *302Jersey corporation, owning and operating a street railway system in Great Falls, Montana, executed a blanket mortgage or deed of trust to secure an issue of bonds in tbe aggregate amount of $500,000, to wbicb the Massachusetts Loan and Trust Company was a party as trustee. Bonds to the amount of $150,000 were issued as of even date with the mortgage, and within two years thereafter other of such bonds in the further sum of $75,000 were issued, negotiated, and passed into the hands of third parties.…
2Cases cited5 opinions
- Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- State v. BrinSupreme Court of Minnesota · 1883
- Manhattan Trust Co. v. Sioux City Cable Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1895
- Central Trust Co. v. WarrenCourt of Appeals for the Ninth Circuit · 1903
3Cited by4 opinions
- Helena Light & Railway Co. v. City of HelenaMontana Supreme Court · 1913
- Helena Power Transmission Co. v. SprattMontana Supreme Court · 1907
- In re WisnerMontana Supreme Court · 1907
- Norton v. Great Northern Railway Co.Montana Supreme Court · 1929