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Continental Supply Co. v. Abell

Supreme Court of Montana
Jun 18, 1930
289 P. 579 (Mont. 1930)

Opinion

No. 6,631.

Submitted June 10, 1930.

Decided June 18, 1930.

Appeal from District Court, Toole County; R.M. Hattersley, Judge.

Mr. Frank England, of the Bar of Casper, Wyoming, Mr. Henry McClernan and Mr. Louis P. Donovan, for Appellant, submitted a brief.

Messrs. Walchli Korn, for Respondents, submitted a brief; Mr. Daniel J. Korn argued the cause orally.


The only difference between this case and the companion case of National Supply Company-Midwest v. Abell et al., ante, p. 555, 289 P. 577, this day decided, is that the debt of the corporation for which the directors are sought to be held liable had been reduced to judgment against the corporation on January 2, 1929, in the district court of Toole county in an action commenced in September, 1927.

The county of Flathead is the proper place for the trial of the action. ( National Supply Company-Midwest v. Abell et al., supra.)

The order of the district court transferring the place of trial from Toole county to Flathead county is affirmed.

MR. CHIEF JUSTICE CALLAWAY and ASSOCIATE JUSTICES MATTHEWS, GALEN and FORD concur.


Summaries of

Continental Supply Co. v. Abell

Supreme Court of Montana
Jun 18, 1930
289 P. 579 (Mont. 1930)
Case details for

Continental Supply Co. v. Abell

Case Details

Full title:CONTINENTAL SUPPLY CO., APPELLANT, v. ABELL ET AL., RESPONDENTS

Court:Supreme Court of Montana

Date published: Jun 18, 1930

Citations

289 P. 579 (Mont. 1930)
289 P. 579

Citing Cases

Continental Supply Co. v. Abell

This court has held that the statute is penal in character. ( National Supply Co.-Midwest v. Abell, 87 Mont.…