Home Building & Loan Ass'n v. Fulton

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

In this cause the plaintiffs filed an action for a declaratory judgment in the district court of Lewis and Clark County, seeking, first, a determination as to whether or not there was a conflict between the provisions of sections 7-122 and 7-159, R.C.M.1947, and those of section 84-1501, R.C.M.1947, as amended by Chapter 155, Laws of 1961. Secondly, in the event no conflict is found, then whether or not the dividends paid by the plaintiffs should be considered as interest or a cost of doing business when determining…