(DOWNLOAD) "State v. Wibaux County Bank" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Wibaux County Bank
- Author : Supreme Court of Montana
- Release Date : January 16, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Action for Rent — Corporations — When Courts may Disregard Corporate Entity — Departure in Pleading — What does not Page 425 Constitute — Principal and Agent — Evidence of Statements made by Agent — Admissibility. Pleading — Alleged Departure — What does not Constitute — Departure. 1. In an action against a foreign corporation to recover rentals under a lease of hotel property which under the contract could be, and was, assigned to a Montana corporation officered by the same persons as the defendant but a mere shell without any substance, plaintiff owners based their claim in one cause of action on the express agreement to pay a specified rent, and in a second cause on the reasonable value of the premises. The defendant asserted that, the lease having been assigned to the Montana corporation, it had no liability under it. In reply plaintiffs alleged that the purpose of the assignment was to defraud them. Held, that there was no error on the part of the trial court in denying defendants motion that plaintiffs be required to elect on which cause of action they would proceed. (See rules below.) Same — Cause of Action Stated in Different Counts — Action for Rent — One Count in Quantum Meruit and another for Rent Due Held not Improperly Joined. 2. While, generally speaking, a departure in pleading is not permissible, trial courts may in their discretion permit the same cause of action to be stated in different counts to meet the exigences of the case presented by the evidence, and when there is more or less uncertainty as to the grounds of recovery a count upon an express contract and a count upon quantum meruit may properly be joined. Corporations — Courts May Disregard Corporate Entity, when. 3. Courts may disregard a corporate entity where the corporate organization is used for the purpose of perpetrating fraud. Same — Parent and Subsidiary Entities — When Parent Corporation Liable. 4. Where a parent (foreign) corporation and a subsidiary thereof act as one in the transaction of business, the former cannot avoid liability under its contract on the ground of its assignment to the latter. Same — Agency — Statements of Agent — Admissibility in Evidence. 5. Evidence as to statements made by the representative of defendant corporation who was active in securing a lease referred to in paragraph 1 supra, as to the financial standing of his principal and assuring plaintiffs that rentals would be paid, objected to on the ground that he had no authority to bind his corporation, held admissible, the statements having amounted to no more than the lessors would have had a right to assume in the absence of anything said by him.
 "State v. Wibaux County Bank" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}