Glass v. Basin & Bay State Mining Co.
Montana Supreme Court
Appeal from District Courts Jefferson Countyj M. U. Parker, Judge. Action by James Glass aud another against the Basin & Bay State Mining Company. Judgment for defendant, and plaintiffs appeal. The respondent having sold the stock, the appellants can have no judgment for its return, but they are clearly entitled to a judgment against the respondent for its value.
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Appeal from District Courts Jefferson Countyj M. U. Parker, Judge. Action by James Glass aud another against the Basin & Bay State Mining Company. Judgment for defendant, and plaintiffs appeal. The respondent having sold the stock, the appellants can have no judgment for its return, but they are clearly entitled to a judgment against the respondent for its value. It is conceded that the promise on the part of the respondent that the appellants should have the offices they then held is void. It had no power to make any such promise. Accordingly, it received and appropriated appellants’ stock…
1Opinion of the Court
MR. COMMISSIONER CALLAWAY
prepared the following opinion for the court:
The lower court sustained defendant’s motion for a judgment on the pleadings, and plaintiffs appeal.
The determinative question is, does the complaint state a cause of action? It alleges the corporate capacity of the defendant, and states that on or about the 15th day of August, 1895, the plaintiffs, then being the joint owners of 1,425 shares of the capital stock of the defendant, at the instance and request of the defendant deposited with the treasurer of the defendant 1,400 shares of said capital stock, of the par value…
2Cases cited46 opinions
- West v. CamdenSupreme Court of the United States · 1890
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Glenn v. WilliamsCourt of Appeals of Maryland · 1883
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
41 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- McManus v. FultonMontana Supreme Court · 1929
- State Ex Rel. Stewart v. District CourtMontana Supreme Court · 1926
- Frisbee v. CoburnMontana Supreme Court · 1935
- Hollister v. ForsytheMontana Supreme Court · 1995
32 more not listed; retrieve them via the Exa API.