Patrick & Co. v. McDonnell
Montana Supreme Court
Appeals from District Court, Cascade County; J. B. Leslie, Judge. Action by F. A. Patrick & Co. against L. M. McDonnell, assignee of P. A. St. Amonr. From a judgment for defendant and an order overruling motion for new trial, plaintiff appeals.
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Appeals from District Court, Cascade County; J. B. Leslie, Judge. Action by F. A. Patrick & Co. against L. M. McDonnell, assignee of P. A. St. Amonr. From a judgment for defendant and an order overruling motion for new trial, plaintiff appeals. Under the admitted facts in this case, the plaintiff was entitled to a restraining order enjoining the assignee from speculating with tbe assigned property and from permitting the assignor to do likewise, as a period of nearly six months had elapsed in which large sums of money had been expended for the purchase of new goods, one-half of which, if…
1Opinion of the CourtJustice Beynolds
Action was brought to enjoin defendant, as' assignee of P. A. St. Amour, from continuing the business formerly conducted by his assignor and for an order requiring him to liquidate the estate, pay off the claims to the extent that the assets of the estate would pay them, and terminate his trust. Judgment was entered for defendant. Motion for new trial was overruled. Plaintiff appeals from the judgment and the order overruling the motion.
In February, 1918, P. A. St. Amour made an assignment for the benefit of his creditors to defendant McDonnell. With the consent of a majority .of the…
2Cases cited2 opinions
- Wilhelm v. BylesMichigan Supreme Court · 1886
- Rosenstein v. ColemanMontana Supreme Court · 1896
3Cited by1 opinion
- F. A. Patrick & Co. v. McDonnellMontana Supreme Court · 1921