Moss v. Goodhart
Montana Supreme Court
Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by P. B. Moss against Richard W. Goodhart. From a judgment for plaintiff and an order denying him a new trial, the defendant appeals. It is an elementary principle of the law that a neglect of duty, where no loss occurs, cannot give rise to a right of action.
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Appeal from District Court, Yellowstone County; Geo. W. Pierson, Judge. Action by P. B. Moss against Richard W. Goodhart. From a judgment for plaintiff and an order denying him a new trial, the defendant appeals. It is an elementary principle of the law that a neglect of duty, where no loss occurs, cannot give rise to a right of action. (1 Cyc. 666, 667.) The first ground upon which we seek a reversal of the judgment in this cause is based upon this elementary and undisputable .principle; and in order to recover damages from the receiver, or trustee, for shrinkage in or loss of a trust fund,…
1Opinion of the CourtJustice Holloway
On July 2, 1910, P. B. Moss was president of and principal stockholder in the First National Bank of Billings, when by order of the controller of the currency the bank was closed. Richard W. Goodhart was appointed receiver and immediately took possession of the bank’s books and assets, and continued to act as such receiver until superseded by Philip Tillinghast, on October 25, 1910. When Goodhart took possession, C. D. Prather was indebted to the bank upon a promissory note for $15,000. The indebtedness was secured, in part at least, by a chattel mortgage upon certain range horses and cattle.…
2Cases cited25 opinions
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- Bank of Bethel v. Pahquioque BankSupreme Court of the United States · 1872
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- State v. HowardMontana Supreme Court · 1904
- Kipp v. SilvermanMontana Supreme Court · 1901
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