Westheimer v. Goodkind
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County; Henry C. Smith, Judge. Action by Ferdinand Westheimer and others against A. L. Goodkind and another for conversion. From a judgment in favor of defendants, and an order overruling a motion for a new trial, plaintiffs appeal. Statement of the Case.
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Appeal from District Court, Lewis and Clarke County; Henry C. Smith, Judge. Action by Ferdinand Westheimer and others against A. L. Goodkind and another for conversion. From a judgment in favor of defendants, and an order overruling a motion for a new trial, plaintiffs appeal. Statement of the Case. This action was brought to recover damages for the alleged conversion of personal property, the title to which is claimed by the plaintiffs under a sale thereof by one Reeves to them. The jury returned a verdict for the defendants. The plaintiffs have appealed from the judgment, and from the order…
1Opinion of the CourtJustice Pigott
1. At the time the mortgage was made to Goodkind to secure the payment of the $600 note, the real indebtedness of Reeves & Powell to Wise & Goodkind was $374.14, and the mortgage was given to secure the debt then existing, as well as future advances. The plaintiffs asked the court to instruct the jury that the effect of the mortgage in the particular mentioned, was to hinder, delay, and defraud persons who were the creditors of Reeves & Powell at the time the mortgage was executed, and that if the plaintiffs were creditors at that time, and afterwards received a conveyance of the property in…
2Cases cited17 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Wilson v. HarrisMontana Supreme Court · 1898
- Ross v. MenefeeIndiana Supreme Court · 1890
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Kennedy v. ShawIndiana Supreme Court · 1872
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3Cited by16 opinions
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Montana Meat Co. v. Missoula Livestock Auction Co.Montana Supreme Court · 1951
- Carey v. HerrickWashington Supreme Court · 1928
- Baker v. Butte City Water Co.Montana Supreme Court · 1903
- Weiser Loan & Trust Co. v. ComerfordIdaho Supreme Court · 1925
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