Legal Opinion

Bryant v. Davis

Montana Supreme Court

Decided May 15, 1899No. 1,096PublishedCited by 9 opinions

Appeal from District Court, Silver Bow County; William Clancy, Judge. Suit by William C. Bryant against Andrew J. Davis and the First National Bank of Butte. There was a judgment for plaintiff, from which defendants appeal.

1Opinion of the CourtHunt, J.

Action to establish and enforce a trust arising out of an alleged parol agreement between plaintiff and defendant bank. Plaintiff asked the court to. require the trustee to account, to remove the trustee, to appoint another, and for general relief. Defendants filed separate answers. Plaintiff’s motion for judgment on the pleadings was granted and judgment entered for plaintiff. Defendants appeal.

1. Defendants are correct in their contention that the court erred in rendering judgment on the pleadings. Plaintiff set up, among other things, a specific agreement under which defendant Davis was to…

2Cases cited5 opinions

  1. Latta v. KilbournSupreme Court of the United States · 1893
  2. Arnold v. SinclairMontana Supreme Court · 1892
  3. Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
  4. Bach, Cory, & Co. v. Montana Lumber & Produce Co.Montana Supreme Court · 1895
  5. Nelson v. DonovanMontana Supreme Court · 1894

3Cited by9 opinions

  1. Mihelich v. Butte Electric Railway Co.Montana Supreme Court · 1929
  2. Kline v. MurrayMontana Supreme Court · 1927
  3. Board of Commissioners v. State ex rel. ReedIndiana Supreme Court · 1913
  4. Lamberton v. McCarthyIdaho Supreme Court · 1917
  5. Equity Co-operative Ass'n v. Equity Co-operative Milling Co.Montana Supreme Court · 1922

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