Thornton-Thomas Mercantile Co. v. Bretherton
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. ~W. Harney, Judge. Action by the Thornton-Thomas Mercantile Company against George P. Bretherton and another. Prom a judgment for plaintiff and an order denying them a new trial, defendants appeal.. The action did not survive against the estate. The various provisions of the code upon this question must be construed together, and, if possible, in such manner as to give to each some effect, and its due effect.
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Appeal from District Court, Silver Bow County; E. ~W. Harney, Judge. Action by the Thornton-Thomas Mercantile Company against George P. Bretherton and another. Prom a judgment for plaintiff and an order denying them a new trial, defendants appeal.. The action did not survive against the estate. The various provisions of the code upon this question must be construed together, and, if possible, in such manner as to give to each some effect, and its due effect. If the construction- contended for by plaintiff is correct, then sections 2731 and 2733, Code of Civil Procedure, have no force and…
1Opinion of the Court
ME. OOMMISSIONEE BLAKE
prepared the opinion for the court:
This action was commenced to recover damages in the sum of $22,050 for the wrongful acts of defendant Bretherton' and one John D. Thomas in his lifetime in procuring in a certain suit in the district court of the county of Silver Bow the appointment of a receiver of the business and property of the Thornton-Thomas Mercantile Company (hereafter referred to as the “company”), and causing the loss of its accounts and merchandise.
The plaintiff was organized as a corporation in 1890 under the laws of this state for the purpose of carrying on…
2Cases cited24 opinions
- Dynes v. HooverSupreme Court of the United States · 1858
- Bull v. CoeCalifornia Supreme Court · 1888
- Day v. . BachNew York Court of Appeals · 1881
- Fox v. Hale & Norcross Silver Mining Co.California Supreme Court · 1895
- West Coast Lumber Co. v. NewkirkCalifornia Supreme Court · 1889
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3Cited by18 opinions
- Teesdale v. Anschutz Drilling CompanyMontana Supreme Court · 1960
- Klind v. Valley County BankMontana Supreme Court · 1924
- Bower v. TebbsMontana Supreme Court · 1957
- Huggins v. Green Top Dairy Farms, Inc.Idaho Supreme Court · 1954
- Forquer v. NorthMontana Supreme Court · 1910
13 more not listed; retrieve them via the Exa API.