Pincus v. Reynolds
Montana Supreme Court
Appeal from District Court, Silver Dow county ; J. J. McHatton, Judge. Action by Adolph Pincus against Samuel J. Reynolds for conversion. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion.
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Appeal from District Court, Silver Dow county ; J. J. McHatton, Judge. Action by Adolph Pincus against Samuel J. Reynolds for conversion. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to recover the value of certain personal property, described in the complaint, and which the plaintiff claims to be the owner of, and which he alleges the defendant wrongfully took and converted to his own use. All of the material allegations of the complaint are denied by the answer, except as to…
1Opinion of the CourtPemberton, C. J.
The pivotal question to be determined on this appeal is as to whether the execution sale of the goods in controversy, under and by virtue of which the appellant claims ownership thereof, was illegal, fraudulent, and void for the reasons alleged in the answer.
The execution under which this sale took place was issued on the judgment rendered in the case of Pincus against Lachman & Dunstan, as ’set out in the statement of the case, and v hich judgment is attacked for fraud by the answer of re-, spondent. The complaint in the case of Pincus against Lachman & Dunstan, mentioned above, and in which…
2Cited by5 opinions
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