Palmer v. Murray
Montana Supreme Court
Appeal from the Second Judicial District, Deer Lodge County. The opinion was delivered on a rehearing of Palmer v, Murray, ante, page 174. It is claimed that the case of Pandall v. Qreenhood, 3 Mont. 506, is conclusive. That was a case in replevin, and so far as the present appeal is concerned, the rule of damages is the same in replevin as in trover.
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Appeal from the Second Judicial District, Deer Lodge County. The opinion was delivered on a rehearing of Palmer v, Murray, ante, page 174. It is claimed that the case of Pandall v. Qreenhood, 3 Mont. 506, is conclusive. That was a case in replevin, and so far as the present appeal is concerned, the rule of damages is the same in replevin as in trover. In that case the opinion of the court as to interest is as follows: -“The claims and demands upon which interest is allowed depend entirely upon the statute. This claim or demand of respondent against appellants is not of the kind upon which…
1Opinion of the CourtLiddell, J.
The plaintiff complains that there has been error in the opinion of the' court; first, in refusing to allow interest as demanded, and allowed by the jury from the day of the illegal conversion of the property; second, that the court refused to allow the interest accruing between the date of conversion and the verdict to be capitalized, and thus included in the judgment. She also complains that the court has erroneously imposed upon her the costs of appeal. The complaint alleges that the defendant wrongfully carried away and converted to his own use certain personal property of the plaintiff,…
2Cases cited3 opinions
- United States v. FoxMontana Supreme Court · 1880
- Isaacs v. McAndrewMontana Supreme Court · 1872
- Bohm v. DunphyMontana Supreme Court · 1871
3Cited by6 opinions
- Morris v. WibauxIllinois Supreme Court · 1895
- Eskestrand v. WunderMontana Supreme Court · 1933
- Stanford v. CoramMontana Supreme Court · 1902
- Quigley v. BirdseyeMontana Supreme Court · 1892
- In Re the Liquidation of the Chinese American BankHawaii Supreme Court · 1943
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