Reed v. Poindexter
Montana Supreme Court
Appeal from Fifth Judicial District, Deamerhead Gounty. Action of replevin. Defendants’ demurrer to the complaint was sustained by Showers, J. Statement of the case by the justice delivering the opinion. The plaintiffs brought this action in replevin, seeking the return of certain personal property. They allege that they sold and delivered the property to the defendant the Poindexter Commercial Company.
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Appeal from Fifth Judicial District, Deamerhead Gounty. Action of replevin. Defendants’ demurrer to the complaint was sustained by Showers, J. Statement of the case by the justice delivering the opinion. The plaintiffs brought this action in replevin, seeking the return of certain personal property. They allege that they sold and delivered the property to the defendant the Poindexter Commercial Company. They allege that said defendant obtained said sale and delivery by false representations as to its solvency. The position of the plaintiffs is that by reason of said false representations the…
1Opinion of the CourtDe Witt, J.
It does not appear from the record whether the demurrer was sustained upon the first ground or the second, or whether upon both grounds. We are of opinion that the demurrer was good upon the second ground. The complaint was certainly ambiguous.
The two causes of action to which the demurrer refers are in fact but one cause of action, differently stated, and contradictorily stated. The plaintiffs sought to follow the personal property into the hands of Poindexter and J ones, who were persons other than the original purchaser of the property. The complaint stated in one place that the property…
2Cited by9 opinions
- Jones v. HallMontana Supreme Court · 1931
- Neuman v. GrantMontana Supreme Court · 1907
- Newell v. NicholsonMontana Supreme Court · 1896
- Ervin v. MilneMontana Supreme Court · 1896
- Messler v. Williamsburg City F. Ins. Co.Supreme Court of Rhode Island · 1920
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