Fultz v. Walters
Montana Supreme Court
Appeal from Thwd District, Lewis omd Olarhe Gounty. Wade, J., sustained the demurrer to the complaint. Respondent has always been the owner of the certificate of deposit, and has a complete remedy at law. Welton v. Adams, 4 Cal. 37; Morse on Banks, 52. At common law the instrument sued on is a promissory note. Morse on Banks, 53, 54. It is negotiable by the laws of this Territory. Cod.
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Appeal from Thwd District, Lewis omd Olarhe Gounty. Wade, J., sustained the demurrer to the complaint. Respondent has always been the owner of the certificate of deposit, and has a complete remedy at law. Welton v. Adams, 4 Cal. 37; Morse on Banks, 52. At common law the instrument sued on is a promissory note. Morse on Banks, 53, 54. It is negotiable by the laws of this Territory. Cod. Stats. 385, § 1. The delivery of the certificate with the intention of passing the title of the holder entitles the party to whom it is delivered to maintain an action at law in his own name upon the same.…
1Opinion of the CourtEjstowles, J.
The issues in this case are presented by the complaint of the respondent and the demurrer of the appellant. It is an action in equity. The facts set forth in the complaint are to be taken as true. The demurrer admits them. The complaint shows that James "Walters, as the agent of Joseph Fultz, deposited in the First National Bank of Helena $3,100, and took a certificate of deposit in his own name from said bank therefor; that the certificate of deposit is now in the possession of Fultz, but that Walters has refused, and still refuses, to make a written indorse-' ment of the same to him, and…
2Cited by6 opinions
- Simpson v. First Nat. BankOregon Supreme Court · 1919
- Leffek v. LuedemanMontana Supreme Court · 1933
- Meadowcraft v. WalshMontana Supreme Court · 1895
- First Nat. Bank of Council Bluffs v. MooreCourt of Appeals for the Ninth Circuit · 1905
- Largey v. BartlettMontana Supreme Court · 1896
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