Barker v. Montana Gold, Silver, Platinum & Tellurium Mining Co.
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Violet Barker against the Montana Gold, Silver, •Platinum and Tellurium Mining Company, T. C. Power, A. C. Gormley, and others. From a judgment for plaintiff, defendants mining company, Power, and Gormley appeal. The purchasers of certificate No. 571 took the same in trust for the company.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Violet Barker against the Montana Gold, Silver, •Platinum and Tellurium Mining Company, T. C. Power, A. C. Gormley, and others. From a judgment for plaintiff, defendants mining company, Power, and Gormley appeal. The purchasers of certificate No. 571 took the same in trust for the company. That an implied or constructive trust in said stock was created by reason of the foregoing facts is clearly shown by the following Code provisions and authorities: Civ. Code, secs. 2118, 2180, 2952, 2959, 2970-2981; Perry on Trusts,…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff, the respondent, to obtain a judgment compelling the defendant company, by its presi*354dent and secretary, T. C. Power and A. C. Gormley, to issue to-her a certificate for 133,317 shares of its capital stock. The complaint was fiied on April 26, 1905.
The plaintiff alleges, in substance, that she purchased this number of shares from one T. E. Collins on August 22, 1903; that at that time the stock stood in the name of one J. T. Armington and one J. C. E. Barker, being included in certificate No. 571, theretofore issued to them for 300,051 shares; that, though…
2Cases cited7 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Coombs v. BarkerMontana Supreme Court · 1905
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Loft, Inc. v. GuthCourt of Chancery of Delaware · 1938
- Crosby v. RobbinsMontana Supreme Court · 1919
- Bromschwig v. Carthage Marble & White Lime Co.Supreme Court of Missouri · 1933
- Heit v. BixbyDistrict Court, E.D. Missouri · 1967
- Cowell v. McMillinCourt of Appeals for the Ninth Circuit · 1910
4 more not listed; retrieve them via the Exa API.