Dooley Implement Co. v. Citizens' State Bk.

Montana Supreme Court

Dooley Implement Co. v. Citizens' State Bk.

283 P. 423, 86 Mont. 339, 1929 Mont. LEXIS 26

CourtMontana Supreme Court

DecidedDecember 31, 1929

DocketNo. 6,529.

StatusPublished

This text of 283 P. 423 (Dooley Implement Co. v. Citizens' State Bk.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dooley Implement Co. v. Citizens' State Bk., 283 P. 423, 86 Mont. 339, 1929 Mont. LEXIS 26 (Mo. 1929).

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Opinion

For syllabus, see First National Bank of Raymond v. Citizens' State Bank of Dooley, ante, p. 331. The facts in this case are substantially the same as in the case of First Nat. Bank of Raymond v. Citizens' State Bank ofDooley, ante, p. 331, 283 P. 420. Here appellant, an unsecured creditor, likewise asserts preference right to funds in the possession of the Bank of Dooley, obtained from the sale of certain mortgaged personal property, by virtue of a writ of attachment and execution, in an independent action against the mortgagor. The same fund is involved as in the First NationalBank of Raymond Case, and upon authority thereof the judgment is affirmed.

MR. CHIEF JUSTICE CALLAWAY and ASSOCIATE JUSTICES MATTHEWS, FORD and ANGSTMAN concur. *Page 340

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For syllabus, see First National Bank of Raymond v. Citizens' State Bank of Dooley, ante, p. 331. The facts in this case are substantially the same as in the case of First Nat. Bank of Raymond v. Citizens' State Bank ofDooley, ante, p. 331, 283 P. 420. Here appellant, an unsecured creditor, likewise asserts preference right to funds in the possession of the Bank of Dooley, obtained from the sale of certain mortgaged personal property, by virtue of a writ of attachment and execution, in an independent action against the mortgagor. The same fund is involved as in the First NationalBank of Raymond Case, and upon authority thereof the judgment is affirmed.

MR. CHIEF JUSTICE CALLAWAY and ASSOCIATE JUSTICES MATTHEWS, FORD and ANGSTMAN concur. *Page 340

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Bluebook (online)

283 P. 423, 86 Mont. 339, 1929 Mont. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dooley-implement-co-v-citizens-state-bk-mont-1929.

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