Tatem v. Eglanol Mining Co.
Montana Supreme Court
'Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Benjamin H. Tatem, as trustee, against tbe Eglanol Mining Company, in which Henry H. Fay and others intervened. From a judgment for plaintiff and an order denying them a new trial, interveners appeal. submitted a brief; argued tbe cause orally. The allegations of the complaint in intervention under consideration create an estoppel against the plaintiff.
Read the full summary
'Appeal from District Court, Lewis and Clark County; J. Miller Smith, Judge. Action by Benjamin H. Tatem, as trustee, against tbe Eglanol Mining Company, in which Henry H. Fay and others intervened. From a judgment for plaintiff and an order denying them a new trial, interveners appeal. submitted a brief; argued tbe cause orally. The allegations of the complaint in intervention under consideration create an estoppel against the plaintiff. The law applicable to the facts alleged is well stated in the case of Dickerson v. Golgrove, 100 U. S. 578, 25 L. Ed. 618, in the following language: “The…
1Opinion of the CourtJustice Holloway
In 1904 the Eglanol Mining Company had a capital stock of $200,000, represented by 200,000 shares of the par value of one dollar each, all of which had been subscribed and was outstanding. The company was in debt, and was not being operated at a profit. Stockholders owning 149,558 shares of stock had formed a pool and placed the shares in the name of B. H. Tatem, this plaintiff, as trustee. Thereafter certain shares of this pooled stock were withdrawn and sold at sixty cents per share, and the proceeds loaned by the owners of the stock to the mining company and demand notes taken in the name…
2Cases cited5 opinions
- Simpson v. PearsonIndiana Supreme Court · 1869
- Given v. Times-Republican Printing Co.Court of Appeals for the Eighth Circuit · 1902
- Walls v. RitterIllinois Supreme Court · 1899
- Tatem v. Eglanol Mining Co.Montana Supreme Court · 1911
- McDonald v. American National BankMontana Supreme Court · 1901
3Cited by13 opinions
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Federal Surety Co. v. Minneapolis Steel & MacHinery Co.Court of Appeals for the Eighth Circuit · 1927
- Waddell v. School District No. 2Montana Supreme Court · 1925
- Wells v. WaddellMontana Supreme Court · 1921
- McKeever v. Oregon Mortgage Co.Montana Supreme Court · 1921
8 more not listed; retrieve them via the Exa API.