Flathead County State Bank v. Ingham
Montana Supreme Court
Appeal from, District Court, Custer County; C. C. Hurley, Judge. Action by the Flathead County State Bank against Myrtle M. Ingham, as executrix of the estate of C. B. Ingham, deceased. From a judgment in favor of defendant, and from an order denying it a new trial, plaintiff appealed. Where persons associate themselves together in business under certain requisite conditions, a partnership may be formed whether the parties had in mind the legal consequences or not.
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Appeal from, District Court, Custer County; C. C. Hurley, Judge. Action by the Flathead County State Bank against Myrtle M. Ingham, as executrix of the estate of C. B. Ingham, deceased. From a judgment in favor of defendant, and from an order denying it a new trial, plaintiff appealed. Where persons associate themselves together in business under certain requisite conditions, a partnership may be formed whether the parties had in mind the legal consequences or not. (30 Cye. 360; Meehan v. Valentine, 145 U. S. 611, 36 L. Ed. 835, 12 Sup. Ct. Rep. 972; Ereeman v. Huttig Sash <& Door Co., 105…
1Opinion of the CourtJustice Holloway
In 1912, Harvey Jones overdrew his account with the Flathead State Bank, of Poison, to the extent of $904, and this action was instituted against him and C. B. Ingham to recover the amount with interest. Ingham died and the executrix of his estate was substituted as a defendant. Jones defaulted, and the cause was tried upon issues raised by the complaint and the separate answer of the executrix. The only question for determination was whether Jones and Ingham were partners at the time the indebtedness was incurred. The inquiry was answered by the jury in the negative, and plaintiff appealed.
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2Cases cited1 opinion
- Beasley v. BerryMontana Supreme Court · 1906
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