Deschamps v. Loiselle
Montana Supreme Court
Appeal from District Court, Missoula County; Asa L. Duncan, Judge. Action by G-aspard Deschamps and others against Philias Loiselle. Judgment for plaintiff, and defendant appeals. Before stockholders may have recourse to the courts for redress of their grievances as to corporate affairs, they must first exhaust their remedy within the corporation itself. (Brandt v. McIntosh, 47 Mont. 70, 130 Pac. 413.) By-laws adopted before incorporation are invalid.
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Appeal from District Court, Missoula County; Asa L. Duncan, Judge. Action by G-aspard Deschamps and others against Philias Loiselle. Judgment for plaintiff, and defendant appeals. Before stockholders may have recourse to the courts for redress of their grievances as to corporate affairs, they must first exhaust their remedy within the corporation itself. (Brandt v. McIntosh, 47 Mont. 70, 130 Pac. 413.) By-laws adopted before incorporation are invalid. (Machen on Corporations, sec. 689; Vercoutere v. Golden State Land Go., 116 Cal. 410, 48 Pac. 375; Boston Acid Mfg. Go. v. Moving, 15 Gray…
1Opinion of the CourtChief Justice Brantly
Action to recover for moneys paid out by plaintiffs for the use and benefit of defendant. It is sought to fix liability upon the defendant under the terms of a written agreement which was entered into by some of the plaintiffs, the predecessors of others, and the defendant on November 22, 1901, the provisions of which, omitting formal parts, are the following:
“Whereas, all of the persons above named are desirous of forming a corporation under the incorporation laws of the state of Montana, to be known as ‘Grass Yalley French Ditch Company,’ for the purpose of acquiring a right to use the…
2Cases cited7 opinions
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Moss v. GoodhartMontana Supreme Court · 1913
- Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
- San Joaquin Land & Water Co. v. BeecherCalifornia Supreme Court · 1894
- Kleinschmidt v. American Mining Co.Montana Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kirkup v. Anaconda Amusement Co.Montana Supreme Court · 1921
- Allen v. Montana Refining Co.Montana Supreme Court · 1924
- Malcom v. Stondall Land and Investment CompanyMontana Supreme Court · 1955
- Noble v. Farmers Union Trading Co.Montana Supreme Court · 1950
- Sullivan v. MountainMontana Supreme Court · 1945
5 more not listed; retrieve them via the Exa API.