McDonald v. American National Bank
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County; M. TI. Parker, Judge. Actions by Angus McDonald and by Toan D. Cooney against flio American National Bank. Brom judgments in favor of plaintiffs, defendant appeals. The draft for $96,S00 was not forwarded to the bank as trustee for plaintiffs, or either of them, nor for the benefit of them, or either of them. McDonald consented to receive $15,-000 of that money and Miller’s note for $15,000 as payment.
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Appeal from District Court, Lewis and Clarke County; M. TI. Parker, Judge. Actions by Angus McDonald and by Toan D. Cooney against flio American National Bank. Brom judgments in favor of plaintiffs, defendant appeals. The draft for $96,S00 was not forwarded to the bank as trustee for plaintiffs, or either of them, nor for the benefit of them, or either of them. McDonald consented to receive $15,-000 of that money and Miller’s note for $15,000 as payment. Cooney consented to receive $7,000 of that money and Miller’s note for $10,000 as payment. The beneficiaries could consent to the new…
1Opinion of the CourtJustice Pigott
By consent of the parties these causes were consolidated and tried together in the court below. The actions are for moneys received on September 28, 1896, by the defendant bank from *485one Nimmo and one Mitchell, of Glasgow, Scotland, to and for the use of the plaintiffs. The plaintiff McDonald alleges in his complaint that the defendant so received for his use $19,230, and the plaintiff Cooney alleges in his complaint that the defendant so received $10,000 for his use. On these averments issues were joined and the causes tried by the court sitting without a jury. McDonald recovered a judgment…
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