First National Bank v. Cottonwood Land Co.
Montana Supreme Court
Appeal from District Court, Powell County; G. B. Winston, Judge. Action by the First National Bank of Missoula against the Cottonwood Land Company, W. R. Glasscock and the Union Bank & Trust Company, as executor of the estate of James T. Manning, deceased. From a judgment sustaining the demurrer of the executor, plaintiff appeals. An action against a director under section 3850, Revised Codes, as amended, does not abate upon his death.
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Appeal from District Court, Powell County; G. B. Winston, Judge. Action by the First National Bank of Missoula against the Cottonwood Land Company, W. R. Glasscock and the Union Bank & Trust Company, as executor of the estate of James T. Manning, deceased. From a judgment sustaining the demurrer of the executor, plaintiff appeals. An action against a director under section 3850, Revised Codes, as amended, does not abate upon his death. (See Brown v. Glow, 158 Ind. 403', 62 N. E. 1006; Crawfordsville Trust Co. v. Ramsey, 178 Ind. 258, 98 N. E. 177; Warren v. Para Rubber Shoe Co., 166 Mass. 97,…
1Opinion of the CourtJustice Holloway
During all of 1911, and 1912 until December 20, James T. Manning was a director of the Cottonwood Land Company, a domestic trading corporation. The directors, including Man*547ning, failed and neglected to make any report of the financial affairs of the company for either 1911 or 1912. On November 22, 1912, the company became indebted to the First National Bank of Missoula in the sum of $7,050, evidenced by a promissory note due in four months with interest at eight per cent per annum, and signed “Cottonwood Land Company, by 'W. R. Glasscock, Pres., W. R. Glasscock.” On December 20, 1912, Manning…
2Cases cited10 opinions
- Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
- Savings Bank of San Diego v. Central Market Co.California Supreme Court · 1898
- Patterson v. StewartSupreme Court of Minnesota · 1889
- Melzner v. Northern Pacific Ry. Co.Montana Supreme Court · 1912
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
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