McKelvey v. Perham
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; J. M. Clements, Judge. Action by James McKelvey against W. T. Perjiam. ’Erom' a judgment for plaintiff, and fin order denying him a new trial, defendant appeals. The defendant ivas entitled to have its motion for a nonsuit granted in this case for the reason that the plaintiff, having retained the bill óf lading for some purpose of his' own, re: tained the jus disponendi of the property.
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Appeal from District Court, Lewis and Clarice County; J. M. Clements, Judge. Action by James McKelvey against W. T. Perjiam. ’Erom' a judgment for plaintiff, and fin order denying him a new trial, defendant appeals. The defendant ivas entitled to have its motion for a nonsuit granted in this case for the reason that the plaintiff, having retained the bill óf lading for some purpose of his' own, re: tained the jus disponendi of the property. (Sec. 2831, Civil Code; First Nat’l Bank v. Andrews, 5 Mont. 328; Shaw v. Railroad Co., 101 U. S. 564; Willman M. Co. v. Fussy, 15 Mont. 51T; Herbert v.…
1Opinion of the Court
ME. COMMISSIONEE BLAKE
prepared the opinion for the court.
This action was commenced in the justice’s court by plaintiff (respondent) to recover the sum of $83.75 for 335 bushels of lime. It is alleged in the complaint that plaintiff, at the special instance and request of defendant (appellant), sold, September-12, 1901, and delivered the lime to defendant at Helena, Montana. On the trial judgment was entered for respondent for the amount of his demand, and an appeal -was taken to the district court. By agreement of the parties the motion of defendant for leave to file an amended answer was…
2Cases cited5 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Willman Mercantile Co. v. FussyMontana Supreme Court · 1895
- First National Bank v. McAndrewsMontana Supreme Court · 1885
- Wade v. WalnutSupreme Court of the United States · 1882
- Herbert v. WintersMontana Supreme Court · 1895