First National Bank v. McAndrews
Montana Supreme Court
Appeal from Second District, Deer Lodge County. There was no sale of the bullion to the plaintiff. The carrier was only agent of vendor. The evidence and findings show only an executory contract. They do not sustain the judgment. The first assignment of error is improperly made, in that it does not point out the particular finding the evidence fails to support. The findings are findings of fact and are supported by the evidence.
Read the full summary
Appeal from Second District, Deer Lodge County. There was no sale of the bullion to the plaintiff. The carrier was only agent of vendor. The evidence and findings show only an executory contract. They do not sustain the judgment. The first assignment of error is improperly made, in that it does not point out the particular finding the evidence fails to support. The findings are findings of fact and are supported by the evidence. The findings support the judgment in this: 1. Said contract is not illegal, void as against public policy, or within the operation of the statute of frauds. 2. It is…
1Opinion of the Court
Wade, 0. J.
This was an action of claim and delivery in which the plaintiff sought to recover the possession of certain cases of silver bullion shipped to it by the Northwestern Company at Phillipsburg, and, while en route, seized by attachment in an action by Samuel E. Larrabie against said Northwestern Company. The case was tried to the court, who made certain findings of fact, and thereon rendered a judgment in favor of plaintiff, from which, and an order overruling a motion for a new trial, the defendants appeal to this court.
The facts found by the court are as follows:
1. That the bullion…
2Cases cited17 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Gibson v. StevensSupreme Court of the United States · 1850
- Grove v. BrienSupreme Court of the United States · 1850
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Willman Mercantile Co. v. FussyMontana Supreme Court · 1895
- Mette & Kanne Distilling Co. v. LowreyMontana Supreme Court · 1909
- St. Louis S. F. R. Co. v. AllenSupreme Court of Oklahoma · 1912
- First National Bank v. McAndrewsMontana Supreme Court · 1887
- Walsh v. BlakelyMontana Supreme Court · 1886
4 more not listed; retrieve them via the Exa API.