First National Bank v. Montana Emporium Co.
Montana Supreme Court
'Appeal from District Court, Toole Countyj H. H. Ewing, Judge. Action by tbe First National Bank of Galata against tbe Montana Emporium Company. Judgment for defendant. From an order granting a new trial to plaintiff, defendant appeals. It seems clear to us tbat tbe complaint in tbis case is wholly insufficient.
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'Appeal from District Court, Toole Countyj H. H. Ewing, Judge. Action by tbe First National Bank of Galata against tbe Montana Emporium Company. Judgment for defendant. From an order granting a new trial to plaintiff, defendant appeals. It seems clear to us tbat tbe complaint in tbis case is wholly insufficient. If it is tbe purpose of the plaintiff to recover for conversion of money, then it is insufficient for a number of reasons, first, an action for the conversion of money will lie only when it can be described or identified as a specific chattel. (38 Cyc. 2015.) As a rule, no action can…
1Opinion of the Court
MR. COMMISSIONER JACKSON
prepared the opinion for the court.
The respondent (plaintiff below) sued the appellant (defendant below) for the conversion of $1,068.70, the proceeds of the sale of 727 bushels of wheat, alleged by plaintiff to have been its property by virtue of a certain note and bill of sale to the Galata State Bank, executed and delivered by *589one William H. Taylor, intended by the parties to have the effect of a chattel mortgage for the purpose of collateral security for the payment of the note, in the sum of $800, which said note and bill of sale were held by the plaintiff as the…
Also in this document: Per curiam.
2Cases cited3 opinions
- Krakow v. WilleWisconsin Supreme Court · 1905
- Harrington v. Stromberg-Mullins Co.Montana Supreme Court · 1903
- Speicher v. LacySupreme Court of Oklahoma · 1911
3Cited by7 opinions
- Kester v. AmonMontana Supreme Court · 1927
- Moore v. CrittendenMontana Supreme Court · 1922
- Federal Land Bank v. McCloudIdaho Supreme Court · 1933
- Falk v. AmsberryCourt of Appeals of Oregon · 1981
- First Nat. Bank of Columbus v. CoitMontana Supreme Court · 1927
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