O'Rourke v. Grand Opera House Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by Mary E. O’Rourke, as. executrix of the estate of John O’Rourke, deceased, against the Grand Opera House Company. Judgment for plaintiff. Defendant appeals from an order denying its motion for a new trial.
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Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by Mary E. O’Rourke, as. executrix of the estate of John O’Rourke, deceased, against the Grand Opera House Company. Judgment for plaintiff. Defendant appeals from an order denying its motion for a new trial. Was the board of directors legally assembled? Mr. Thompson lays down the rule that any act of the majority of the directors of a board which has not been regularly assembled, as when notice of the meeting has not been given, will be without force or validity. (1 Thompson on Corporations, secs. 706-709;…
1Opinion of the CourtChief Justice Brantly
This action was brought by John O ’Rourke to recover of the defendant corporation on two counts, the first upon a promissory note executed by the defendant to O ’Rourke, and the second *464upon an account stated for money expended by him for the use and benefit of the defendant. Subsequently, upon a suggestion of the death of O’Rourke by counsel for defendant, Mary E. 0 ’Rourke, executrix of his will, was substituted as plaintiff. In its original answer defendant admitted its liability for the amount of the promissory note. Judgment was thereupon entered for the plaintiff upon the first count,…
2Cases cited12 opinions
- Coombs v. BarkerMontana Supreme Court · 1905
- Smith v. DornCalifornia Supreme Court · 1892
- Marron v. Great Northern Railway Co.Montana Supreme Court · 1913
- Reynolds v. FitzpatrickMontana Supreme Court · 1903
- Thompson v. WilliamsCalifornia Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gilna v. BarkerMontana Supreme Court · 1927
- Radalj v. Union Savings & Loan Ass'nWyoming Supreme Court · 1943
- Ainsworth v. KrugerMontana Supreme Court · 1927
- Sacajawea Lumber & Shingle Co. v. Skookum Lumber Co.Washington Supreme Court · 1921
- Davies v. Montana Auto Finance Corp.Montana Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.