Babcock v. Maxwell
Montana Supreme Court
Appeal from District Court, Gallatin County; F. E. Armstrong, Judge. ActioN by W. II. Babcock against IT. A. Maxwell. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
MB. COMMISSIONER CLAYBEBO
prepared the opinion for tlie court.
Action for the alleged conversion of bomber. To plaintiff’s complaint, defendant filed an amended answer, denying generally all the allegations thereof. Tie then alleged as new matter, “by way of counterclaim,” as is stated in the answer, that defendant claimed' the property as assignee for the benefit of creditors. of the original owner; that the plaintiff never made any demand upon defendant; that plaintiff stood by, with knowledge of defendant’s claim, and allowed and induced defendant to sell the property as assignee; that, if…
2Cases cited13 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Bouton v. DementIllinois Supreme Court · 1887
- Francisco v. AguirreCalifornia Supreme Court · 1892
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
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3Cited by7 opinions
- Jarvella v. Northern Pacific Railway Co.Montana Supreme Court · 1935
- Smith v. BarnesMontana Supreme Court · 1915
- Maynard v. City of HelenaMontana Supreme Court · 1945
- Spencer v. SpencerMontana Supreme Court · 1905
- Orama v. OyangurenSupreme Court of Puerto Rico · 1913
2 more not listed; retrieve them via the Exa API.