Story v. Cordell
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Claim and delivery. The case was tried before McHatton, J., without a jury. Plaintiffs had judgment below. Reversed. Statement of facts prepared by the judge delivering the opinion; - This action is in replevin for the recovery of certain barrels of whisky. The plaintiffs are creditors of defendant Cordell. Defendant Sutton is the assignee for the benefit of the creditors of said Cordell.
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Appeal from Second Judicial District, Silver Bow County. Claim and delivery. The case was tried before McHatton, J., without a jury. Plaintiffs had judgment below. Reversed. Statement of facts prepared by the judge delivering the opinion; - This action is in replevin for the recovery of certain barrels of whisky. The plaintiffs are creditors of defendant Cordell. Defendant Sutton is the assignee for the benefit of the creditors of said Cordell. The plaintiffs, as creditors of Cordell, about the twenty-first day of November, 1889, went to him for a settlement of their account. Cordell was a…
1Opinion of the CourtDe Witt, J.
We are of opinion that the contentions in this case are determinable under the provisions of our law in reference to personal property securities. (General Laws, Comp. Stats., div. 5, c. 92.) That chapter provides, among other things, as follows: “ The provisions of the foregoing sections of this chapter shall extend to all such bills of sale, deeds of trust, and other conveyances of goods, chattels, or personal property as shall have the effect of a mortgage or lien upon such property.” (Comp. Stats., § 1549.) It is perfectly clear that the bill of sale in this case falls within the purview…
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