Legal Opinion

Rich v. Utah Commercial & Savings Bank

Utah Supreme Court

Decided April 18, 1906No. 1692PublishedCited by 3 opinions

Appeal from District Court, First District; W. H. Maug-han, Judge. Action by Jobn Y. Rich against tbe Utah Commercial and Savings Bank. From tbe judgment, defendant appeals. APPELLANT'S POINTS. Wben there bas been sucb an intermixture of goods owned by different persons that tbe property of each can no longer be distinguished, what is denominated a confusion of goods bas taken place. (Hesseltine v. Stockwell, 30 Me. 237, 50 Am.

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Appeal from District Court, First District; W. H. Maug-han, Judge. Action by Jobn Y. Rich against tbe Utah Commercial and Savings Bank. From tbe judgment, defendant appeals. APPELLANT'S POINTS. Wben there bas been sucb an intermixture of goods owned by different persons that tbe property of each can no longer be distinguished, what is denominated a confusion of goods bas taken place. (Hesseltine v. Stockwell, 30 Me. 237, 50 Am. Dec.-627.) Tbe doctrine of confusion of goods will not be carried further in any case than necessity and justice requires. (Brown v. Bacon, 63 Texas; 595; Olaffin v.…

1Opinion of the CourtSteaup, J.

1. This is an action brought by respondent against appellant for the conversion of sheep. Tbe court found that tbe appellant, at tbe county of Bannock, in tbe state of Idaho, converted 853 sheep, tbe property of respondent, and entered judgment in bis favor for their value. Tbe first assignment of error relates to tbe refusal of tbe court to strike *339the testimony of several witnesses who testified to the value of the sheep. The direct examination showed that the witnesses were sheep men, and for years had been in the sheep business; they testified that they knew the market value of sheep in…

2Cases cited3 opinions

  1. Woodward v. EdmundsUtah Supreme Court · 1899
  2. Turnbow v. BecksteadUtah Supreme Court · 1903
  3. Wetzel v. Deseret Nat. BankUtah Supreme Court · 1905

3Cited by3 opinions

  1. Mahoney v. Citizen's National BankIdaho Supreme Court · 1928
  2. Manti City Savings Bank v. PetersonUtah Supreme Court · 1906
  3. Wasatch Livestock Loan Co. v. NielsonUtah Supreme Court · 1936

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