Rockefeller v. Dellinger
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Theodore Drantly, Judge. Action by I. M. Rockefeller against D. N. Dellinger, impleaded with others. There was a decree for plaintiff, and defendant Dellinger appeals. That real estate is held in the names of several persons and-that such persons are partners, however, is not alone sufficient to establish its partnership character. (Thompson v. Dow-man, 6 Wall (U. S.) 316; Ouilbeau v. Melancon, 28 La.
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Appeal from District Court, Deer Lodge County; Theodore Drantly, Judge. Action by I. M. Rockefeller against D. N. Dellinger, impleaded with others. There was a decree for plaintiff, and defendant Dellinger appeals. That real estate is held in the names of several persons and-that such persons are partners, however, is not alone sufficient to establish its partnership character. (Thompson v. Dow-man, 6 Wall (U. S.) 316; Ouilbeau v. Melancon, 28 La. Ann. 627; Blake v. Nutter, 19 Me. 16; Lmdley v. JDaon, 7 Mont. 210; 17 A. and E. Enc. Law, p. 945.) The universal American doctrine is that real…
1Opinion of the CourtPigott, J.
Action to foreclose a mortgage upon lot 2 in block 117 in Anaconda, Deer Lodge county, known as the “Cottage Home Property,” made by defendants Root and Vineyard to secure the payment of their note for $2,000 to plaintiff, made September 17, 1892. The complaint alleges, among other things, that the defendants Samuel D. Root and Gordon C. Vineyard were co-partners in a certain patent for improvements in cable railways, and in the sale, introduction and operating thereof; that contemporaneously with the execution of the note and mortgage, and as part of the same transaction, they, as such…
Also in this document: Concurrence.
2Cases cited7 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Collumb v. . ReadNew York Court of Appeals · 1862
- McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
- Goldthwaite v. JanneySupreme Court of Alabama · 1893
- Hoxie v. CarrU.S. Circuit Court for the District of Rhode Island · 1832
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3Cited by10 opinions
- Hannah v. MartinsonMontana Supreme Court · 1988
- Ivins v. HardyMontana Supreme Court · 1947
- State v. YegenMontana Supreme Court · 1925
- Bankers Trust Co. v. KneeSupreme Court of Iowa · 1935
- Poulos v. Lyman Bros.Montana Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.