Kinsman v. Stanhope
Montana Supreme Court
'Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by James H. Kinsman against L. H. Stanhope. From a judgment for defendant and an order denying new trial, plaintiff appeals. The appellant takes the position that the counterclaim must arise out of the transaction set forth in the complaint, or be connected with the subject of the action, and that the counterclaim here does not fall within either provision of section 6541, Bevised Codes.
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'Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by James H. Kinsman against L. H. Stanhope. From a judgment for defendant and an order denying new trial, plaintiff appeals. The appellant takes the position that the counterclaim must arise out of the transaction set forth in the complaint, or be connected with the subject of the action, and that the counterclaim here does not fall within either provision of section 6541, Bevised Codes. (See Collier v. Ervin, 3 Mont. 142; Osmers v. Furey, 32 Mont. 581, 81 Pac. 345; Davis v. Frederick, 6 Mont. 300, 12 Pac. 664.)…
1Opinion of the CourtJustice Holloway
In April, 1910, James H. Kinsman purchased an automobile from L. H. Stanhope, for which he paid $1,000 in cash, and executed his note, secured by a chattel mortgage upon the machine, for the balance, amounting to $1,700. The chattel mortgage contained the usual provisions authorizing the mortgagee to take possession in ease of default in the payment of the note or the happening of any one of three or more other contingencies. In the complaint in this action the plaintiff alleges his ownership of the automobile, his right to the possession of it, and that defendant wrongfully took and…
2Cases cited6 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Kipp v. SilvermanMontana Supreme Court · 1901
- Scott v. WaggonerMontana Supreme Court · 1914
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Empire Dairy Feed Co. v. Chatham National BankAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dorrell v. ClarkMontana Supreme Court · 1931
- Friedrichsen v. CobbMontana Supreme Court · 1929
- King v. ZimmermanMontana Supreme Court · 1994
- Exchange Lumber & Mfg. Co. v. ThomasIdaho Supreme Court · 1951
- G. S. Johnson Co. v. Nevada Packard Mines Co.District Court, D. Nevada · 1920
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