Heilbronner v. Lloyd
Montana Supreme Court
Appeal Jrom Second Judicial District, Silver Dow County. Action to recover possession of a stock of mortgaged mercbandise. The cause was tried before Speer, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal Jrom Second Judicial District, Silver Dow County. Action to recover possession of a stock of mortgaged mercbandise. The cause was tried before Speer, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. Plaintiff pleads that on November 4, 1891, and ever since then, he has been the owner of certain personal property, described in the complaint; that the defendant has taken the same wrongfully and unlawfully from the possession of plaintiff; and that the value of the property is $1,500. The defendant denied the ownership of plaintiff, also the…
1Opinion of the CourtHunt, J.
1. The defendant insisted upon the trial that there was no indebtedness from Max to Charles Heilbronner,but that the mortgage was fraudulent, and that there was no consideration therefor. We will not burden the record by stating the evidence upon this point. There was ample testimony to submit to the jury the question of the good faith of the transaction between the brothers, and upon this point defendant has not sufficient ground of complaint.
2. The court instructed the jury that if the plaintiff had a valid lien on the property of defendant by virtue of the chat*305tel mortgage, and that the…
2Cases cited4 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Kelley v. Cable Co.Montana Supreme Court · 1887
- Rocheleau v. BoyleMontana Supreme Court · 1892
- Flick v. Gold Hill & Lee Mountain Mining Co.Montana Supreme Court · 1889
3Cited by6 opinions
- State v. RollaMontana Supreme Court · 1898
- Luther v. LeeMontana Supreme Court · 1922
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Noyes v. RossMontana Supreme Court · 1899
- Robinson v. MillsMontana Supreme Court · 1901
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