Demars v. Hudon
Montana Supreme Court
Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by Joseph Demars against Charles O. Hudon. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. ■ The respondent having contended that this is an action in equity, and having secured a judgment thereon, the appellant is entitled, for the purpose of pointing out the errors in the ease, not only to point out the errors that the court committed in treating the…
Read the full summary
Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by Joseph Demars against Charles O. Hudon. From a judgment for plaintiff and from an order denying him a new trial, defendant appeals. ■ The respondent having contended that this is an action in equity, and having secured a judgment thereon, the appellant is entitled, for the purpose of pointing out the errors in the ease, not only to point out the errors that the court committed in treating the action as one in equity and proceeding under such theory, but in pointing out the errors that were committed, even if the…
1Opinion of the CourtJustice Holloway
The complaint in this action alleges that on August 31, 1898, the plaintiff delivered to the defendant certain personal property, comprising a teaming outfit of the value of $3,000, by way of pledge, to secure the sum of $1,275, then borrowed by the plaintiff from the defendant; that defendant accepted the property as such pledge and agreed to employ the same and apply the net earnings of it to the liquidation of such indebtedness, and to fully account to the plaintiff for such earnings; that the defendant in pursuance of such agreement did employ the outfit and received from such employment…
2Cases cited1 opinion
- Strong v. AdamsSupreme Court of Vermont · 1858
3Cited by1 opinion
- Steiner v. McMillanMontana Supreme Court · 1921