Legal Opinion

Masterson v. Hubbert

Montana Supreme Court

Decided May 16, 1918No. 4,213PublishedCited by 7 opinions

Appeal from District Court, Hill County; W. B. Rhoades, Judge. Action by T. W. and Naomi Masterson against E. J. Hubbert. From an order appointing a receiver without notice, defendant appeals.

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Appeal from District Court, Hill County; W. B. Rhoades, Judge. Action by T. W. and Naomi Masterson against E. J. Hubbert. From an order appointing a receiver without notice, defendant appeals. Where there is no danger of the property being lost and the partner applying to the court for a receiver himself has the property — which is the case here for aught that appears in the complaint — and his copartners make no objection thereto, he cannot have a receiver, his standing being that of a party asking a receiver over his own property. (Smith v. Lowe, 1 Edw. Ch. (N. Y.) .33.) It is likewise the…

1Opinion of the CourtJustice Holloway

In September, 1917, plaintiffs and defendant entered into a contract in writing by the terms of which plaintiffs agreed to pay defendant $3,491.93 for a one-half interest in a restaurant business in the city of Havre. The sum of $1,150 was paid in cash and the balance was represented by four notes, each for $500 and one note for $341.93, due, respectively, in two, four, six, eight and ten months. In February, 1918, plaintiffs commenced this action and in their complaint allege that by the agreement a partnership was formed; that plaintiffs entered into possession and control of the business…

2Cases cited5 opinions

  1. Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1901
  2. Montana Ranches Co. v. DolanMontana Supreme Court · 1917
  3. State ex rel. Thornton-Thomas Mercantile Co. v. Second Judicial District CourtMontana Supreme Court · 1897
  4. Prudential Securities Co. v. Three Forks, H. & M. Valley R.Montana Supreme Court · 1914
  5. Murphy v. PattersonMontana Supreme Court · 1901

3Cited by7 opinions

  1. Little v. LittleMontana Supreme Court · 1951
  2. Scholefield v. Merrill Mortuaries, Inc.Montana Supreme Court · 1932
  3. Pereira v. WulfMontana Supreme Court · 1928
  4. Martin v. HoverMontana Supreme Court · 1921
  5. Stoner v. HannanMontana Supreme Court · 1942

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