Hartnett v. St. Louis M. & M. Co.
Montana Supreme Court
Appeal from District Cou/rt, Lewis and Clark County; J. Miller Smith, Judge. Suit by George W. Hartnett and others against the St. Louis Mining & Milling Company of Montana and others. From an order refusing to appoint a receiver, plaintiffs appeal. Stockholders in a corporation have the right to insist that all stockholders be treated alike.
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Appeal from District Cou/rt, Lewis and Clark County; J. Miller Smith, Judge. Suit by George W. Hartnett and others against the St. Louis Mining & Milling Company of Montana and others. From an order refusing to appoint a receiver, plaintiffs appeal. Stockholders in a corporation have the right to insist that all stockholders be treated alike. A gross wrong is perpetrated when special favors are shown to some, especially so when they are directors, and discrimination is had against others, and this wrong is one against the corporation, whose property constitutes a fund, first, for the payment…
1Opinion of the CourtJustice Sanner
Appeal by plaintiffs from an order, made after notice and hearing, refusing to. appoint a receiver, which order the respondents defend upon the grounds: (1) That the complaint does not state any cause of action; (2) that, if the complaint states a cause of action, its allegations do not warrant a receivership; and (3) that the facts disclosed upon the hearing, under the issues joined and tendered by the answer, show no basis for such relief.
The material allegations of the complaint are to the following effect: The defendant St. Louis Mining & Milling Company is a corporation under the laws of…
2Cases cited7 opinions
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- State ex rel. First Trust & Savings Bank of Billings v. District CourtMontana Supreme Court · 1915
- Lyon v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
- Hickey v. Parrot Silver & Copper Co.Montana Supreme Court · 1901
- Mann v. German-American Investment Co.Nebraska Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Armour Fertilizer Works v. First National BankSupreme Court of Florida · 1924
- Allen v. Montana Refining Co.Montana Supreme Court · 1924
- Montana Ranches Co. v. DolanMontana Supreme Court · 1917
- Doggett v. JohnsonMontana Supreme Court · 1925
- Scholefield v. Merrill Mortuaries, Inc.Montana Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.