Taylor v. Malta Mercantile Co.
Montana Supreme Court
Appeal from District Court, Valley County; F. N. Utter, Judge. Claim and delivery by W. H. Taylor against the Malta Mercantile Company. Judgment for defendant, and plaintiff appeals. The question for this court to determine is whether there is any testimony tending to show delivery or change of possession. The property as shown by the bill of sale consisted of houses and machinery.
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Appeal from District Court, Valley County; F. N. Utter, Judge. Claim and delivery by W. H. Taylor against the Malta Mercantile Company. Judgment for defendant, and plaintiff appeals. The question for this court to determine is whether there is any testimony tending to show delivery or change of possession. The property as shown by the bill of sale consisted of houses and machinery. Where goods sold or mortgaged are incapable of actual manual delivery, a symbolic delivery is sufficient to transfer possession. (Springer v. Lipsis, 110 111. App. 109.) The transfer might be sufficient where the…
1Opinion of the CourtJustice Holloway
This is an action in claim and delivery. The controversy is between W. H. Taylor, who claims to have purchased the property from C. R. Buffington, the original owner, on the one hand, and, on the other, the Malta Mercantile Company, a corporation, which claims to have attached the property in an action by it against Buffington and while Buffington was still the owner and in possession of the property, and to have purchased the same at sheriff’s sale upon execution. Upon the trial of the cause the plaintiff offered evidence tending to show the circumstances under which he purchased the…
2Cases cited11 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Frederick v. HaleMontana Supreme Court · 1910
- Forquer v. NorthMontana Supreme Court · 1910
- Tague v. John Caplice Co.Montana Supreme Court · 1903
- Bean v. Missoula Lumber Co.Montana Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Urton v. American Bank & Trust Co.Montana Supreme Court · 1926
- Puckett v. HopkinsMontana Supreme Court · 1922
- Trogdon v. Hanson Sheep Co.Montana Supreme Court · 1914
- O. W. Perry Co. v. MullenMontana Supreme Court · 1928
- Claypool v. Malta Standard GarageMontana Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.