Tuttle v. Merchant's National Bank
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action by trustee to confirm his title to trust property. The cause was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion.
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Appeal from Eighth Judicial District, Cascade County. Action by trustee to confirm his title to trust property. The cause was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion. F. B. Tuttle, as trustee, instituted this action in Sept. 1892, alleging that the firm of Hanks & Fullerton were indebted to certain insurance companies in large sums, which they failed to pay on demand, and that to secure the indebtedness to such companies the defendant Fullerton and his wife, on July 22d, 1893, executed, acknowledged and delivered a quit…
1Opinion of the CourtHunt, J.
This appeal first presents for decision the question of the jurisdiction of the court to appoint Webster as trustee to succeed Tuttle as trustee, who had died.
We regard the instruments upon which the action was brought as in effect assignments for the benefit of the creditors of Hanks & Fullerton. As debtors they evidently made the transfers by reason of business embarrassments, growing out of their inability- to pay over to the various insurance companies premiums which as agents for such companies the firm had collected. They accordingly executed the several conveyances vesting the legal…
2Cases cited8 opinions
- The People v. . NortonNew York Court of Appeals · 1853
- Batesville Institute v. KauffmanSupreme Court of the United States · 1873
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
- Attorney General v. BarbourMassachusetts Supreme Judicial Court · 1877
- Gale v. MensingSupreme Court of Missouri · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCarthy v. PoulsenCalifornia Court of Appeal · 1985
- City of Philipsburg v. WeinsteinMontana Supreme Court · 1898
- State ex rel. Harmon v. ConrowMontana Supreme Court · 1897