Bohm v. Dunphy
Montana Supreme Court
Appeal from the Third District, Lewis and Qlarhe County. On February 27, 1868, Bobm and Aub brought this suit against Dunphy, Bentley, Arinitage, Morse and John Doe to recover $25,000, damages. The complaint alleged that the defendants entered into the banking-house of plaintiffs in Helena on February 26, 1868, and by force and violence, willfully and wrongfully took and carried away $2,000, the property of plaintiffs, and that they detained $1,935 of said sum.
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Appeal from the Third District, Lewis and Qlarhe County. On February 27, 1868, Bobm and Aub brought this suit against Dunphy, Bentley, Arinitage, Morse and John Doe to recover $25,000, damages. The complaint alleged that the defendants entered into the banking-house of plaintiffs in Helena on February 26, 1868, and by force and violence, willfully and wrongfully took and carried away $2,000, the property of plaintiffs, and that they detained $1,935 of said sum. Dunphy, Bentley and Armitage filed their answer on March 7, 1868, and alleged that they took $1,935 on certain premises owned by…
1Opinion of the CourtWaeeen, C. J.
This action is brought to recover damages for the wrongful taking and conversion by defendants of $1,935 in treasury notes of the United States and national bank notes, the property of the partnership firm of Bohm & Aub.
The joint answer of Dunphy, Bentley and Armitage, by pregnant negatives, admits the taking of the money, and as new matter justifies it as having been done under a distress warrant for rent due defendants, Dunphy and Bentley, under a lease from them to one Ames, of certain premises, upon which the money in question was found, and from which it was taken. A demurrer was…
2Cited by7 opinions
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