Richardson-Roberts-Byrne Dry Goods Co. v. Goodkind
Montana Supreme Court
Appeal from District Court, Lewis (& Clarke County / Horace D. Buck, Judge. Statement of the case. Action by the Eichardson-Eoberts-Byrne Dry Goods Company against Edward I. Goodkind, assignee for the benefit of the creditors of one Israel, to recover certain goods purchased from plaintiff by Israel, and by him delivered to the assignee.
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Appeal from District Court, Lewis (& Clarke County / Horace D. Buck, Judge. Statement of the case. Action by the Eichardson-Eoberts-Byrne Dry Goods Company against Edward I. Goodkind, assignee for the benefit of the creditors of one Israel, to recover certain goods purchased from plaintiff by Israel, and by him delivered to the assignee. For several years immediately preceding August 19, 1895, Israel was engaged in the business of selling liquors and cigars at wholesale, and clothing at retail, at Helena, Mont. In May, 1895, Israel purchased of plaintiff, a trading corporation doing business…
1Per curiam
1. At the conclusion of the evidence defendant prayed the court for an instruction directing the jury to return a verdict for the defendant, and the denial of this request is the first error assigned. It is insisted that the peremptory direction should have been given, for the reason that plaintiff was negligent in permitting the goods to pass from its control. It appears that on May 23, 1895, plaintiff applied to Bradstreet’s, at St. Joseph, for a report on the financial condition of Israel, and that on May 27th Bradstreet’s furnished plaintiff with such report, containing the statement made…
2Cases cited20 opinions
- Wilson v. Carpenter's Adm'rSupreme Court of Virginia · 1895
- Gough v. St. JohnNew York Supreme Court · 1837
- Gainesville National Bank v. Bamberger, Bloom & Co.Texas Supreme Court · 1890
- Newell v. RandallSupreme Court of Minnesota · 1884
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
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3Cited by1 opinion
- Holland Furnace Co. v. RoundsMontana Supreme Court · 1961