McEwen v. Union Bank & Trust Co.
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Snsan McEwen and others, doing business as Mc-Ewen Bros., against the Montana Pulp and Paper Company and the Union Bank and Trust Company. From a judgment in favor of plaintiffs, defendant Union Bank and Trust Company appeals.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action by Snsan McEwen and others, doing business as Mc-Ewen Bros., against the Montana Pulp and Paper Company and the Union Bank and Trust Company. From a judgment in favor of plaintiffs, defendant Union Bank and Trust Company appeals. A sale f. o. b. cars means that the subject of the sale is to be placed on cars for shipment without any expense or act on the part of the buyer, and that as soon as so placed, the title is to pass absolutely to the buyer and the property be wholly at his risk in the absence of any…
1Opinion of the CourtJustice Smith
This action was begun in the district court of Gallatin county by the plaintiffs, as copartners, against- the Montana Pulp and Paper Company, a corporation, and the Union Bank and Trust Company, a corporation, to foreclose a certain alleged lien, for materials furnished by the plaintiffs to the first-named defendant for its paper-mill, at Manhattan, Montana.
The complaint sets forth that on the eighteenth day of June, 1900, plaintiffs furnished the materials mentioned, and that on the fourteenth day of September, 1900, they filed their claim for a lien with the county recorder. It further…
2Cases cited5 opinions
- Tibbetts v. MooreCalifornia Supreme Court · 1863
- Great Western Manufacturing Co. v. Hunter Bros.Nebraska Supreme Court · 1883
- Congdon v. KendallNebraska Supreme Court · 1898
- Clark v. Lindsay & Co.Montana Supreme Court · 1896
- Watson Coal & Mining Co. v. JamesSupreme Court of Iowa · 1887
3Cited by4 opinions
- Haskell v. McClintic-Marshall Co.Court of Appeals for the Ninth Circuit · 1923
- Estate of Brown v. HauckMontana Supreme Court · 1923
- Davis v. McEwen Bros.Court of Appeals for the Ninth Circuit · 1912
- Richardson Grain Separator Co. v. Valier Elevator Co.Montana Supreme Court · 1923