Legal Opinion

State ex rel. Broadwater Farms Co. v. Broadwater Elevator Co.

Montana Supreme Court

Decided October 27, 1921No. 4,482PublishedCited by 14 opinions

Appeals from District Court, Broadwater County; John A. Matthews, Judge. Action by tbe State of Montana, for tbe use and benefit of tbe Broadwater Farms Company and others similarly situated, against the Broadwater Elevator Company and others. From a judgment in their favor deemed inadequate, and from an order denying their motion for a new trial, the plaintiffs appeal.

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Appeals from District Court, Broadwater County; John A. Matthews, Judge. Action by tbe State of Montana, for tbe use and benefit of tbe Broadwater Farms Company and others similarly situated, against the Broadwater Elevator Company and others. From a judgment in their favor deemed inadequate, and from an order denying their motion for a new trial, the plaintiffs appeal. The parties are entitled to recover the highest market price of wheat from the date of conversion to the date of decision. It is not necessary, in the pleading, to demand the highest market price. It is sufficient, as was done…

1Opinion of the Court

MR. CHIEF COMMISSIONER POORMAN

prepared the opinion for the court.

This is an appeal by plaintiffs from a judgment in their favor, made and entered by the court sitting without a jury, and also from an order denying plaintiffs’ motion for a new trial. The ground of the appeal is that the judgment is inadequate in amount and that the bondsmen were held not liable as to a part of the judgment.

*221The Broadwater Elevator Company was a corporation and a public warehouseman, licensed to do business under the provisions of Chapter 93 of the Laws of 1915, and owned and operated an elevator at Townsend and…

2Cases cited19 opinions

  1. Page v. FowlerCalifornia Supreme Court · 1870
  2. Landram v. JordanSupreme Court of the United States · 1906
  3. MacGinniss v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
  4. Gardiner v. McDonoghCalifornia Supreme Court · 1905
  5. Jansen v. WilliamsNebraska Supreme Court · 1893

14 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. May v. City of LaramieWyoming Supreme Court · 1942
  2. State Ex Rel. Nagle v. StaffordMontana Supreme Court · 1934
  3. State Ex Rel. Board of County Commissioners v. BruceMontana Supreme Court · 1937
  4. Williams v. GrayMontana Supreme Court · 1921
  5. Burnett v. BurnettMontana Supreme Court · 1923

9 more not listed; retrieve them via the Exa API.

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