United States Gypsum Co. v. Mackey Wall Plaster Co.
Montana Supreme Court
Appeals from District Court, Cascade County; 3. 3, Ewing, Judge, Action by tbe United States Gypsum Company, a eorporation, against the Mackey Wall Plaster Company, a corporation, and others. From a judgment for defendants, and an order overruling motion for new trial, plaintiff appeals.
Read the full summary
Appeals from District Court, Cascade County; 3. 3, Ewing, Judge, Action by tbe United States Gypsum Company, a eorporation, against the Mackey Wall Plaster Company, a corporation, and others. From a judgment for defendants, and an order overruling motion for new trial, plaintiff appeals. The offer of the Maekeys and the Mackey Company to apply the amount due on the Mackey note upon the purchase price of the Mackey properties under the option contract was not a payment of the note or a tender of payment, and it would not have operated as such even had the said purchase price admittedly been…
1Opinion of the CourtJustice Reynolds
*139[1] *138United States Gypsum Company, a corporation, commenced action against defendants in order to have it judicially determined that it is a stockholder in the Mackey Wall Plaster Company, a corporation, and that the Mackey Company became and was dissolved. Complaint prayed that the present trustees, acting by virtue of the statute, be removed and other persons be appointed in their stead; that the affairs of the *139company be wound up and its property and assets distributed among those entitled thereto, including plaintiff. Plaintiff also asked for the appointment of a receiver to take- charge…
2Cases cited5 opinions
- Hanson Sheep Co. v. Farmers & Traders' State BankMontana Supreme Court · 1917
- Barnes v. SmithMontana Supreme Court · 1913
- Edwards v. Plains Light & Water Co.Montana Supreme Court · 1914
- Ervin v. CollierMontana Supreme Court · 1877
- United States Gypsum Co. v. Mackey Wall Plaster Co.Court of Appeals for the Ninth Circuit · 1918
3Cited by7 opinions
- Park Terrace, Inc. v. Phoenix Indemnity Co.Supreme Court of North Carolina · 1956
- Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
- Earp v. SchmitzAppellate Court of Illinois · 1948
- Hogue v. Superior Utilities, Inc.New Mexico Supreme Court · 1949
- Micheletti v. FugittNevada Supreme Court · 1943
2 more not listed; retrieve them via the Exa API.