First National Bank v. McAndrews
Montana Supreme Court
Appeal from, District Court, Deer Lodge County. Plaintiff is entitled to ten per cent interest upon the value of the bullion, since it was wrongfully taken, as legitimate and proximate damages resulting from the trespass. The value was three thousand two hundred dollars, and the property was taken on the thirty-first day of May, A. D. 1879. See Wheljield v. Wheljield, 40 Miss. 352; 47 Am.
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Appeal from, District Court, Deer Lodge County. Plaintiff is entitled to ten per cent interest upon the value of the bullion, since it was wrongfully taken, as legitimate and proximate damages resulting from the trespass. The value was three thousand two hundred dollars, and the property was taken on the thirty-first day of May, A. D. 1879. See Wheljield v. Wheljield, 40 Miss. 352; 47 Am. Dec. 350; Jones on Replevin, p. 298, sec. 343, and authorities cited in note 3. Both the findings, expressed and implied, must be inconsistent with the judgment, or it will stand. Mathews v. Kinsell, 41 Cal.…
1Opinion of the Court
The opinion states the case.
McLeary, J.
The complaint in this case was filed on the third day of June, 1879. It is an action of claim and delivery, which was brought to recover the possession of five boxes of silver bullion shipped to the bank by the Northwestern Company of Philipsburg, and seized, en route, by virtue of an attachment at the suit of Larrabie against the Northwestern Company. The case was once before brought to this court on appeal of the defendants, and will be found reported in 5 Mont. 325 et seq.
The findings of the court on the first trial were as follows: “ 1. That the…
2Cases cited5 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Halliday v. HamiltonSupreme Court of the United States · 1871
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Wetzel v. PowerMontana Supreme Court · 1884
- Walsh v. BlakelyMontana Supreme Court · 1886
3Cited by3 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Kalispell Liquor & Tobacco Co. v. McGovernMontana Supreme Court · 1906
- Herbert v. WintersMontana Supreme Court · 1895