Randall v. Greenhood
Montana Supreme Court
Appeal from First District, Gallatin County. Amendments allowed were inserted in the margin of tlie original pleading, and there was no new verification. The question of taking immediate possession was a mixed question of law and fact, partly for the court and partly for the jury, and was improper to allow in a leading question. If the question is proper in itself the court will not speculate as to the effect of its answer on the jury.
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Appeal from First District, Gallatin County. Amendments allowed were inserted in the margin of tlie original pleading, and there was no new verification. The question of taking immediate possession was a mixed question of law and fact, partly for the court and partly for the jury, and was improper to allow in a leading question. If the question is proper in itself the court will not speculate as to the effect of its answer on the jury. The following authorities were cited for appellants : 44 Cal. 246 ; 40 id. 246 ; 39 id. 609 ; 14 id. 460, 492. No exception was taken on the ground of want of…
1Opinion of the CourtWade, C. J.
This is an action to recover the value of a certain stock of goods alleged to have been wrongfully converted by appellants.
The record shows that on the 4th day of May, 1878, Messrs. Black & Daniels, merchants, doing business at Bozeman, Gallatin *508county, sold their stock of goods and a large amount of other property, to the respondent for the sum of $15,000, and the respondent after deducting from the sum of such purchase-money, $770, the amount he was owing them, executed his note to them, payable one day after date for the sum of $14,230, and as is alleged, took immediate possession of such…
2Cited by7 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Morris v. WibauxIllinois Supreme Court · 1895
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Palmer v. MurrayMontana Supreme Court · 1889
- State v. James M. StilesMontana Supreme Court · 2008
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