Barnes v. Smith
Montana Supreme Court
Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by John P. Barnes against D. F. Smith and another. From a judgment for defendants, plaintiff appeals.
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Appeal from District Court, Fergus County; E. K. Cheadle, Judge. Action by John P. Barnes against D. F. Smith and another. From a judgment for defendants, plaintiff appeals. Assuming that appellant owned all the stock of the Judith Basin Milling Company, his ownership of the stock does not make him the owner of the assets of the corporation or make him liable as an individual for the debts of the corporation, in the absence of proof that the corporation was formed for the purpose of fraud on the part of the appellant. “The stockholders cannot enter into contracts with third persons. Contracts…
1Opinion of the CourtChief Justice Brantly
Action by the plaintiff upon a promissory note for $5,000, payable on demand and executed and delivered by the Judith Basin Milling Company (hereafter referred to as “the company”) to the Empire Bank & Trust Company, of Lewistown, Montana, on March 6, 1911, and thereafter assigned to the plaintiff. Prior to the execution of the note to the bank, the defendants indorsed it as guarantors, waiving presentment, demand, protest and notice. The complaint is in the usual form, alleging demand upon the milling company and the defendants, and their failure to make payment. The defendants, admitting…
2Cases cited13 opinions
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Button v. HoffmanWisconsin Supreme Court · 1884
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Day v. Postal Telegraph Co.Court of Appeals of Maryland · 1887
- First National Bank of Gadsden v. Winchester.Supreme Court of Alabama · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hando v. PPG Industries, Inc.Montana Supreme Court · 1989
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- In re Williams' EstateMontana Supreme Court · 1918
- First National Bank In Billings v. First Bank Stock Corp.Court of Appeals for the Ninth Circuit · 1962
15 more not listed; retrieve them via the Exa API.