Didriksen v. Broadview Hardware Co.
Montana Supreme Court
Appeal from District Court, Yellowstone County; Charles A. Taylor; Judge. Action by C. A. Didriksen against the Broadview Hardware Company and another. Judgment for plaintiff and defendants appeal.
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Appeal from District Court, Yellowstone County; Charles A. Taylor; Judge. Action by C. A. Didriksen against the Broadview Hardware Company and another. Judgment for plaintiff and defendants appeal. In order to constitute a cause of action in conversion, the complaint must allege not only a general or special ownership in the personal property, but also actual possession of the property, or the right to its immediate possession by plaintiff at the time of the alleged conversion by defendant. (Kinsman v. Stanhope, 50 Mont. 41, L. R. A. 1916C, 443, 144 Pac. 1083; Paine v. British-Butte Min. Go.,…
1Opinion of the CourtJustice Hurly
This is an action for’ damages in conversion, in which the plaintiff had judgment, from which defendants appeal. The appeal presents the single question as to whether the complaint states a cause of action. The material portions of the complaint, paraphrased, are as follows: That the defendant Broadview Hardware Company is a Montana corporation; that on or about November 1, 1916, the “plaintiff was the owner of and lawfully possessed of” certain personal property, the value of which is alleged; that on or about the first day of November, 1916,- the defendant corporation procured and employed…
2Cases cited7 opinions
- Harrington v. Stromberg-Mullins Co.Montana Supreme Court · 1903
- Kinsman v. StanhopeMontana Supreme Court · 1914
- Sawyer v. RobertsonMontana Supreme Court · 1892
- Babcock v. CaldwellMontana Supreme Court · 1899
- Paine v. British-Butte Mining Co.Montana Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grant v. NihillMontana Supreme Court · 1922
- Craig v. BurnsMontana Supreme Court · 1923
- Park v. GradyMontana Supreme Court · 1922
- State Ex Rel. Cornwell v. District Court, Seventeenth Judicial DistrictMontana Supreme Court · 1948
- California Land & Construction Co. v. HalloranUtah Supreme Court · 1932