Harmon v. Hawkins
Montana Supreme Court
Appeal from Seventh Judicial District, Ouster County. Conversion. Judgment was rendered for the plaintiff below by Milburn, J. Statement of the case by the justice delivering the opinion. This is an action for damages for the alleged conversion of personal property. It is alleged in the complaint that the sheep in question were purchased by E. E. Batchelor, as trustee of the plaintiff bank.
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Appeal from Seventh Judicial District, Ouster County. Conversion. Judgment was rendered for the plaintiff below by Milburn, J. Statement of the case by the justice delivering the opinion. This is an action for damages for the alleged conversion of personal property. It is alleged in the complaint that the sheep in question were purchased by E. E. Batchelor, as trustee of the plaintiff bank. The sheep, it is alleged, were at the time of the alleged purchase in the possession of one D.an H. Bowman; that the said Bowman was at the time of the alleged purchase notified by Batchelor of the same;…
1Opinion of the CourtPemberton, C. J.
The sheep in controversy, as shown by the complaint, were, at the time it is alleged Batchelor purchased them of Bowman and Merrill, all in the possession of Bowman. It is nowhere alleged that Bowman and Merrill, or either of them, ever delivered the sheep to Batchelor. The most that can be claimed is that when Batchelor purchased the sheep they were in the possession of Bowman, and that they were permitted to remain in his possession upon his alleged promise to herd and care for them until they were otherwise disposed of. It is not alleged that there ever was an actual delivery of the sheep…
2Cited by2 opinions
- Cady v. ZimmermanMontana Supreme Court · 1897
- Webster v. ShermanMontana Supreme Court · 1906