Davis v. Morgan
Montana Supreme Court
Appeal from District Gourt, Cascade County. C. H. Benton, Judge. Action by W. H. Davis against W. M. Morgan, as constable, for conversion of property. Judgment ior plaintiff, from which, and from an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from District Gourt, Cascade County. C. H. Benton, Judge. Action by W. H. Davis against W. M. Morgan, as constable, for conversion of property. Judgment ior plaintiff, from which, and from an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. Conversion charged against the defendant by the plaintiff because of the wrongful acts of the defendant in taking a stallion from the possession of the plaintiff. The defendant denied plaintiff’s ownership and interest in the horse, and pleaded a justification by virtue of a sale…
1Opinion of the CourtHunt, J.
There was testimony introduced on the trial to the effect that W. H. Davis, plaintiff herein, and Della May Meyers were brother and sister, and that on October 16, 1894, Mrs. Meyers sold to plaintiff, in consideration of §300, the horse in question. At the time of this alleged sale, Mrs. Meyers executed a written bill of sale to plaintiff. The horse appears to have been delivered to plaintiff, Davis. Upon January 8, 1895, Rhubottom & Gilchrist sued Della May Meyers in a justice’s court to recover the sum of §55 for some work and labor done by them for her in April, 1893, and recovered…
2Cases cited3 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Britton v. . LorenzNew York Court of Appeals · 1871
- Bacon v. . FrisbieNew York Court of Appeals · 1880
3Cited by8 opinions
- Dickerson v. DickersonIllinois Supreme Court · 1926
- Gallick v. BordeauxMontana Supreme Court · 1899
- State v. SmithMontana Supreme Court · 1920
- People v. PrattMichigan Supreme Court · 1903
- Smith v. CaldwellMontana Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.