Legal Opinion

Cady v. Zimmerman

Montana Supreme Court

Decided October 18, 1897PublishedCited by 13 opinions

Appeal from District Court, Teton County. D. P. Smith, Judge. Action by Frank Cady against John Zimmerman, sheriff, and the First National Bank of Great Falls, Montana, for the conversion of personal property. From a judgment for plaintiff, defendants appeal. Statement of the case by the court. This is an action for damages for the conversion of personal property. The case was tried below by the court without a jury, upon an agreed statement of facts.

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Appeal from District Court, Teton County. D. P. Smith, Judge. Action by Frank Cady against John Zimmerman, sheriff, and the First National Bank of Great Falls, Montana, for the conversion of personal property. From a judgment for plaintiff, defendants appeal. Statement of the case by the court. This is an action for damages for the conversion of personal property. The case was tried below by the court without a jury, upon an agreed statement of facts. From this agreed statement of facts it appears that on the 24th day of April, 1895, the plaintiff purchased of one J. M. Graves 400 lambs. This…

1Per curiam

The appellants contend that the alleged sale of the sheep in -controversy by Graves to Cady was not accompanied by immediate delivery, nor followed by an actual and continued change of possession, and hence is conclusively presumed to be fraudulent and void, against the attaching creditor in this case. This is the only question raised by this appeal.

*228Counsel for appellants cite Harmon v. Hawkins, 18 Montana 525, 46 Pac. 439, and Story v. Cordell, 13 Montana 204, 33 Pac. 6, in support of their contention that the alleged sale in the case at bar was void because not accompanied by immediate…

2Cases cited3 opinions

  1. Porter v. BucherCalifornia Supreme Court · 1893
  2. Story v. CordellMontana Supreme Court · 1893
  3. Harmon v. HawkinsMontana Supreme Court · 1896

3Cited by13 opinions

  1. Dover Lumber Co. v. WhitcombMontana Supreme Court · 1917
  2. Pass v. StephensArizona Supreme Court · 1921
  3. Puckett v. HopkinsMontana Supreme Court · 1922
  4. Taylor v. Malta Mercantile Co.Montana Supreme Court · 1913
  5. Webster v. ShermanMontana Supreme Court · 1906

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