Laubenheimer v. Bach, Cory & Co.
Montana Supreme Court
Appeal from District Court Cascade County. C. H. Benton., Judge: Action by Valentine Laubenheimer against Bach, Cory & Co., Limited, and others, for conversion. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. Suit to recover $9,750, with interest, the value of 325 head of cattle belonging to plaintiff, and alleged to have been converted by the defendants.
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Appeal from District Court Cascade County. C. H. Benton., Judge: Action by Valentine Laubenheimer against Bach, Cory & Co., Limited, and others, for conversion. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. Suit to recover $9,750, with interest, the value of 325 head of cattle belonging to plaintiff, and alleged to have been converted by the defendants. The answer denied the allegations of the complaint, and alleged that on or about February 22, 1892, the defendant Bach, Cory & Co., Limited, purchased of one J. H. Brand 250 head…
1Opinion of the CourtHunt, J.
We think the court properly concluded to submit the case to the jury upon the ground that the testimony of Nelson and the admissions of the plaintiff testified to by the defendants’ witnesses raised an issue of fact as to the ownership of the cattle in controversy, which was right for the jury to pass on. But we are unable to uphold the rulings of the district court in rejecting the offer of proof made by plaintiff in rebuttal testimony. The complaint alleged ownership, possession, and right of possession of the cattle in controversy, their value, and a wrongful taking by defendants, and…
2Cases cited1 opinion
- Driscoll v. DunwoodyMontana Supreme Court · 1888
3Cited by3 opinions
- Howe v. MessimerMontana Supreme Court · 1929
- Potter v. LohseMontana Supreme Court · 1904
- Reardon v. PattersonMontana Supreme Court · 1897