Gerry v. Bismarck Bank
Montana Supreme Court
Appeal from District Court, Silver Bow County. J. J. McHatton, Judge. Action by Walter S. Gerry and others against the Bismarck Bank of North Dakota and others. From a decree for plaintiffs and- an order denying a new trial, defendants appeal.. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Bow County. J. J. McHatton, Judge. Action by Walter S. Gerry and others against the Bismarck Bank of North Dakota and others. From a decree for plaintiffs and- an order denying a new trial, defendants appeal.. Statement of the case by the justice delivering the opinion. This action was instituted by plaintiffs, a minority of the stockholders of the Bannister Mining Company, a corporation operating in Silver Bow county, Montana, to set aside a deed conveying a certain mining claim to said corporation, and also a mortgage executed by it to a trustee to secure…
1Opinion of the CourtBuck, J.
After a careful review of the evidence in the record, we are satisfied that from what the lower court was justified in finding to be the truth where the testimony was conflicting, and from what is virtually conceded to be the truth by the parties to the suit, the following condition of facts is presented : E. D. Bannister was a trustee and the president of the Bannister Mining Company, and the owner of 47,501 shares of the capital stock. W. C. Child was a trustee, and its treasurer, and the owner of 1 share of the capital stock, his wife, Mary Child, being the owner of 133,395 shares. E. W.…
2Cited by17 opinions
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- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Mayger v. St. Louis Mining & Milling Co.Montana Supreme Court · 1923
- Coombs v. BarkerMontana Supreme Court · 1905
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