State Savings Bank v. Johnson
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Oounty. Action for a penalty. Judgment was rendered for the defendants below by McHatton, J. Statement of the case by the justice delivering the opinion. Upon the sustaining of the defendants’ demurrer to the complaint, judgment was rendered in their favor, and the plaintiff appeals.
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Appeal from Second Judicial District, Silver Bow Oounty. Action for a penalty. Judgment was rendered for the defendants below by McHatton, J. Statement of the case by the justice delivering the opinion. Upon the sustaining of the defendants’ demurrer to the complaint, judgment was rendered in their favor, and the plaintiff appeals. The complaint sets up that the Bighole Lumber Company is, and since May 4, 188-, has been, a corporation organized under the laws of the state of Montana, and that the defendants Trask, Johnson and Williams are, and ever since the organization of the corporation…
1Opinion of the CourtDe Witt, J.
There are only two points to be decided in this case : (1) Is this an action for a penalty ? If it is, the cause of action accrued as to some items on September 20, *4421891, and in 1892 as to others, when the trustees failed to make their reports, and more than one year elapsed from then to the commencement of this action. This would be sufficient to dispose of the case, except that it is contended further (2) that, even if the year’s limitation has run since September 20, 1891 or 1892, still it appears by the complaint that the trustees again defaulted on September 20, 1893, and therefore…
2Cases cited9 opinions
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Chase v. CurtisSupreme Court of the United States · 1885
- Steam-Engine Co. v. HubbardSupreme Court of the United States · 1879
- Losee v. . BullardNew York Court of Appeals · 1880
- Rector Church Wardens of Trinity Church v. VanderbiltNew York Court of Appeals · 1885
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3Cited by16 opinions
- Moss v. SmithCalifornia Supreme Court · 1916
- Continental Supply Co. v. AbellMontana Supreme Court · 1933
- Daily v. MarshallMontana Supreme Court · 1913
- Butler v. PetersMontana Supreme Court · 1922
- Udall Milling Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
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