De Celles v. Casey
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Minnie J. De Celles against James S. Casey and Frank A. Shoemaker. From a judgment in favor of plaintiff and from an order denying a new trial, defendant Casey appeals.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Minnie J. De Celles against James S. Casey and Frank A. Shoemaker. From a judgment in favor of plaintiff and from an order denying a new trial, defendant Casey appeals. Where, after the taking of goods from his possession, the owner still claims them as his own and institutes proceedings to recover the actual goods as distinctive from their value, the conversion is waived and no subsequent action by the injured party will lie to recover the value of the goods so taken by the wrongdoer. (Enos v. Cole, 53 Wis.…
1Opinion of the CourtChief Justice Brantly
This action was brought to recover of the defendants Casey and Frank A. Shoemaker, damages for the conversion of certain personal property of plaintiff, consisting of a set of Werner’s edition of the Encyclopedia Britannica and miscellaneous books, sheet music, and articles which may be classed as domestic utensils. The prayer was for a judgment for $500 compensatory and $1,000 punitive damages. The defendants filed separate answers in which they denied generally all the allegations of the complaint. They also alleged affirmatively certain matters as special defenses by way of justification…
2Cases cited15 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1911
- Saunders v. MullenSupreme Court of Iowa · 1885
- McCarthy v. NiskernSupreme Court of Minnesota · 1875
- International & Great Northern Railroad v. Telephone & Telegraph Co.Texas Supreme Court · 1887
- Dorais v. DollMontana Supreme Court · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- Buhler v. LoftusMontana Supreme Court · 1917
- Berthelote v. Loy Oil Co.Montana Supreme Court · 1933
- Butcher v. PetranekMontana Supreme Court · 1979
- Luther v. LeeMontana Supreme Court · 1922
18 more not listed; retrieve them via the Exa API.