Jones v. American Savings Bank & Trust Co.

MACKINTOSH, JJ., dissenting). Respondent brought this action to recover possession of four special improvement bonds of the city of Billings, Montana, in the sum of $500 each, payable from the collection of a special tax or assessment, or, in case delivery could not be had, in the alternative for the alleged value of the bonds in the sum of $2,136.68, with interest and costs.

Respondent alleged that he purchased the bonds on January 22, 1923, from the Vashon State Bank, at Vashon, Washington, and that the bonds were payable exclusively from the collection of a special tax or assessment, which…