Rocheleau v. Boyle
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action for damages for conversion of mortgaged chattels by an officer. The cause was tried before Durfee, J. Plaintiff had judgment below. Statement of tne case prepared by the judge delivering the opinion.
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Appeal from Third Judicial District, Deer Lodge County. Action for damages for conversion of mortgaged chattels by an officer. The cause was tried before Durfee, J. Plaintiff had judgment below. Statement of tne case prepared by the judge delivering the opinion. This action received consideration by this court on a former appeal, reported in 11 Mont. 451, wherein it was determined that certain merchandise claimed to have been covered by the mortgage in question was not subject thereto, for reasons set forth in that opinion. The judgment from which that appeal was taken was against defendant…
1Opinion of the CourtHarwood, J.
The question raised relates to the measure of damages allowable in this action, or, in other words, the amount which a mortgagee is entitled to recover from an officer for the wrongful attachment of mortgaged chattels. The posi*595tion taken by the parties in reference to the case, when the jury was impaneled for the trial thereof, resulted from the state of the pleadings, and the diverse views held by the parties respecting the measure of recovery to which the plaintiff was entitled. The complaint alleges the existence of the mortgage in favor of plaintiff, and describes the chattels held…
2Cases cited5 opinions
- Wood v. FranksCalifornia Supreme Court · 1880
- Irwin v. McDowellCalifornia Supreme Court · 1891
- Sherman v. FinchCalifornia Supreme Court · 1886
- Wood v. FranksCalifornia Supreme Court · 1885
- Keith v. HaggartSupreme Court Of The Territory Of Dakota · 1887
3Cited by1 opinion
- Harrington v. Stromberg-Mullins Co.Montana Supreme Court · 1903