Legal Opinion

Daily v. Marshall

Montana Supreme Court

Decided May 14, 1913No. 3,246PublishedCited by 27 opinions

Appeal from District Court, Missoula County; F. C. Webster, J uclge. Action by John R. Daily against Thomas C. Marshall, Thomas N. Marlowe and' W. P. Mills. Judgment for plaintiffs and defendant Mills appeals from it and an order denying his motion for a new trial.

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Appeal from District Court, Missoula County; F. C. Webster, J uclge. Action by John R. Daily against Thomas C. Marshall, Thomas N. Marlowe and' W. P. Mills. Judgment for plaintiffs and defendant Mills appeals from it and an order denying his motion for a new trial. The liability of the appellant for the respondent’s claim and demand is sought to be established under the provisions of the Act of 1909 (Laws 1909, p. 217), but in order to do so, it was incumbent upon the plaintiff, as was said by the eourt of appeals of New York in the case of Whitney v. Cammann, 137 N. Y. 342, 33 N. B. 305, to…

1Opinion of the CourtChief Justice Brantly

Action by respondent to recover from appellant the sum of $5,347.13, alleged to be due on account of goods, wares and merchandise sold and delivered to the Missoula Palace Market, a corporation, organized and existing under the laws of Montana. The theory upon which appellant is sought to be held is, that, as president and director of the corporation, he failed to file, or have filed, in the office of the clerk and recorder of Missoula county, the place where the corporation has its principal place of business, for the year 1910 the report required by section 3850 of the Revised Codes. On…

2Cases cited39 opinions

  1. Van Wyck v. KnevalsSupreme Court of the United States · 1882
  2. Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
  3. National Bank v. Texas Investment Co.Texas Supreme Court · 1889
  4. Dean v. DavisCalifornia Supreme Court · 1876
  5. Kaiser Land and Fruit Co. v. CurryCalifornia Supreme Court · 1909

34 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Continental Supply Co. v. AbellMontana Supreme Court · 1933
  2. Sawyer Stores, Inc. v. MitchellMontana Supreme Court · 1936
  3. Sun River Stock & Land Co. v. Montana Trust & Savings BankMontana Supreme Court · 1928
  4. Barnes v. SmithMontana Supreme Court · 1913
  5. First National Bank In Billings v. First Bank Stock Corp.Court of Appeals for the Ninth Circuit · 1962

22 more not listed; retrieve them via the Exa API.

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