Legal Opinion

State ex rel. Kelly v. Farmers' State Bank

Montana Supreme Court

Decided March 30, 1918No. 3,885PublishedCited by 10 opinions

Appeals from District Court, Carbon County; Geo. W. Pier-son, Judge. In an Action by the State of Montana on the relation of D. M. Kelly, Attorney General, against the Farmers ’ State Bank of Bridger, James S. Tebbs and C. W. Taggart filed their petition asking that H. B. Miller, receiver of said bank, be required to recognize a claim against the bank as a preferred one. From a judgment against them and from an order denying their motion for a new trial, petitioners appeal.

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Appeals from District Court, Carbon County; Geo. W. Pier-son, Judge. In an Action by the State of Montana on the relation of D. M. Kelly, Attorney General, against the Farmers ’ State Bank of Bridger, James S. Tebbs and C. W. Taggart filed their petition asking that H. B. Miller, receiver of said bank, be required to recognize a claim against the bank as a preferred one. From a judgment against them and from an order denying their motion for a new trial, petitioners appeal. It is submitted that a transaction such as is here involved, i. e., a deposit for collection and credit with credit…

1Opinion of the CourtChief Justice Brantly

On March 26, 1915, the action in which this proceeding is entitled was brought by the attorney general of the state in the district court of Carbon county to have the Farmers ’ State Bank at Bridger (hereafter referred to as the bank) declared insolvent and to obtain the appointment of a receiver to take charge of its assets and wind up its affairs. H. B. Miller, the respondent herein, was appointed receiver and has been acting as such until the present time. On November 15, 1915, James S. Tebbs *519and C. W. Taggart, the appellants herein, doing business as copartners under the firm name of…

2Cases cited2 opinions

  1. Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
  2. Guignon v. First National BankMontana Supreme Court · 1899

3Cited by10 opinions

  1. Hawaiian Pineapple Co. v. BrowneMontana Supreme Court · 1923
  2. Pethybridge v. First State Bk. of LivingstonMontana Supreme Court · 1926
  3. State Ex Rel. Clark v. BaileyMontana Supreme Court · 1935
  4. Montana-Dakota Power Co. v. JohnsonMontana Supreme Court · 1933
  5. State Ex Rel. Rankin v. Banking Corp.Montana Supreme Court · 1925

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