Kirk v. Smith
Montana Supreme Court
'Appeal from District Cemrt, Bienne County; Frank N. Utter, Judge. Action by James Kirk against ’W. T. Smith. Judgment for plaintiff, and defendant appeals. Before the plaintiff can recover any sum for the care of the 500 sheep claimed to have been found by him, he must prove what care he gave the identical sheep taken into his care.
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'Appeal from District Cemrt, Bienne County; Frank N. Utter, Judge. Action by James Kirk against ’W. T. Smith. Judgment for plaintiff, and defendant appeals. Before the plaintiff can recover any sum for the care of the 500 sheep claimed to have been found by him, he must prove what care he gave the identical sheep taken into his care. Assuming that the complaint states facts sufficient to show that the 500 sheep were lost, when the plaintiff took the sheep in charge he became a depositary for the owner with the rights and obligations of a depositary for hire, and evidence of what he did in…
1Opinion of the CourtJustice Holloway
The plaintiff states his cause of action as follows: “(1) That on or about the 12th day of November, 1911, this plaintiff found, wandering upon the prairie in the county of Chouteau, a band of about five hundred (500) sheep belonging to this defendant, which said sheep this plaintiff immediately took into his possession and promptly gave notice to this defendant, the owner thereof, and that he cared for and fed the said sheep until the 29th day of January, 1912. (2) That $187 is a reasonable compensation for the care of said sheep; that $100 is a reasonable reward for the finding and beeping…
2Cases cited5 opinions
- Frederick v. HaleMontana Supreme Court · 1910
- Thurman v. Pittsburg & Montana Copper Co.Montana Supreme Court · 1910
- Kinsel v. North Butte Mining Co.Montana Supreme Court · 1912
- Kelly v. Northern Pacific Railway Co.Montana Supreme Court · 1907
- Miley v. Northern Pacific Railway Co.Montana Supreme Court · 1910
3Cited by8 opinions
- Wise v. StaggMontana Supreme Court · 1933
- Linscomb v. Goodyear Tire & Rubber Co., IncCourt of Appeals for the Eighth Circuit · 1952
- Wolf v. Barry O'Leary, Inc.Montana Supreme Court · 1957
- Yellowstone II Development Group, Inc. v. First American Title InsuranceMontana Supreme Court · 2001
- Automobile Ins. Co. of Hartford, Conn. v. KirbyAlabama Court of Appeals · 1932
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