Tatem v. Eglanol Mining Co.
Montana Supreme Court
Appeal from District Court, Lewis & Clark County; J. M. Clements, Judge. Suit by Benjamin. H. Tatem, as trustee, against the Eglanol Mining Company, Henry H. Fay and others, interveners. From a decree for defendant and from an order denying him a new trial, plaintiff appeals.
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Appeal from District Court, Lewis & Clark County; J. M. Clements, Judge. Suit by Benjamin. H. Tatem, as trustee, against the Eglanol Mining Company, Henry H. Fay and others, interveners. From a decree for defendant and from an order denying him a new trial, plaintiff appeals. The notes sued on were not void but merely voidable, and subject only to rescission, upon a finding that they were given fraudulently and not for the benefit of the corporation, and that the directors gained some undue advantage over the corporation, other than that which would have been acquired by some third person in…
1Opinion of the CourtJustice Holloway
Without reciting in detail the history of the Eglanol Mining Company, it is sufficient to say that in November, 1902, it was a corporation organized under the laws of this state, with a capital stock of $200,000, represented by 200,000 shares, of the par value of one dollar each. The property of the company consisted of placer mining claims, tools, machinery and other property used in connection with placer mining operations. In 1903 the owners of a majority of the stock formed a pool of their stock and placed it in the hands of B. H. Tatem, as trustee for the real owners. In 1904 the…
2Cases cited12 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Drury v. CrossSupreme Court of the United States · 1869
- Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
- Gordon Campbell Petroleum Co. v. Gordon Campbell-Kevin SyndicateMontana Supreme Court · 1926
- Tatem v. Eglanol Mining Co.Montana Supreme Court · 1912
- Ainsworth v. KrugerMontana Supreme Court · 1927
- O'Rourke v. Grand Opera House Co.Montana Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.