Legal Opinion · Dissent

In Re McCue

Montana Supreme Court

Decided November 22, 1927No. 6,129Published

1DissentJustice Myers

I dissent from the majority opinion. I cannot accept the conclusions stated in that opinion. I think the conclusions of the referee should be rejected and that the court should find the accused guilty on every specification of guilt in the accusation.

As to the specification that the accused collected money on the Burns claim against the Gordon Campbell Petroleum Company and failed and neglected to remit the same, to my mind it is amply proven. I do not believe a word of his testimony that he collected $562.50 and forgot all about it and that he forgot it a second time, after being once…

2Cases cited5 opinions

  1. Casey v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
  2. Moelleur v. MoelleurMontana Supreme Court · 1918
  3. First State Bank v. LarsenMontana Supreme Court · 1922
  4. Kircher v. ConradMontana Supreme Court · 1890
  5. Nelson v. Big Blackfoot Milling Co.Montana Supreme Court · 1896

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