Willoughby v. Reynolds
Montana Supreme Court
Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Action by W. A. Willoughby, assignee of Luciano Guerra, against S. J. Reynolds, sheriff of Silver Bow county. Judgment for plaintiff. Defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover possession of personal property.
Read the full summary
Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Action by W. A. Willoughby, assignee of Luciano Guerra, against S. J. Reynolds, sheriff of Silver Bow county. Judgment for plaintiff. Defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover possession of personal property. It appears that on the 28th day of June, 1895, Luciano Guerra made an assignment of his stock of goods arid merchandise by deed of assignment to the plaintiff for the benefit of his creditors. Plaintiff immediately took possession of the stock of…
1Opinion of the CourtPemberton, C. J.
Rosenstein v. Colemcm, 18 Mont. 459, 45 Pac. 1081, decided by this court on the 4th day of August, 1895, involves the same question presented here, and is decisive of this case. In that case we held that such a deed of assignment was void.
Upon the authority of that decision the judgment in this case is reversed, and the cause remanded, with direction to the district court to render judgment for the defendant.
Reversed.
Hunt and Buck, JJ., concur.
2Cases cited1 opinion
- Rosenstein v. ColemanMontana Supreme Court · 1896