Mitchell v. Banking Corp. of Montana

This action was commenced on February 27, 1925, on behalf of plaintiffs and all other creditors of the Banking Corporation of Montana, insolvent and in the hands of a receiver, to enforce the stockholders’ liability. All stockholders were joined as defendants. Among the original defendants was John W. Blair. He filed a demurrer to the complaint on July 31, 1925. On September 23, 1926, Blair died. Thereafter his will was admitted to probate and W. J. Paul; E. Mittelstaedt and Thomas Geary were appointed and qualified as executors.

Thereafter the death of John W. Blair was suggested to the court…