Potter v. Lohse
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by David Potter against Fred Lohse. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. This action is tlie old action óf trover, although it is referred to here as an action for conversion.
Read the full summary
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by David Potter against Fred Lohse. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. This action is tlie old action óf trover, although it is referred to here as an action for conversion. In such an action plaintiff must prove: (1) A right of property either general or special; and (2) possession or immediate right to the possession of the property at the time of the alleged conversion. He must establish not one, but both of these elements. (21 Ency. Plead, and Prac. 1039-41,…
1Opinion of the Court
MR. COMMISSIONER POORMAN
prepared the following opinion for the court:
This is an action in conversion. The plaintiff had judgment in the district court, and from this judgment and an order over*94ruling defendant’s motion for a new trial, tbe defendant appeals.
1* The defendant purchased certain personal property from one Wadsworth. The defendant sold a part of this property, and plaintiff then commenced this action to recover from the defendant the value of the property, alleging conversion thereof.
It appears from the evidence that the plaintiff, Potter, in August, 1900, gave to Wadsworth an…
2Cases cited30 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Ball v. GussenhovenMontana Supreme Court · 1904
- Smith v. . HallNew York Court of Appeals · 1876
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Puett v. BeardIndiana Supreme Court · 1882
25 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Scott v. WaggonerMontana Supreme Court · 1914
- Osmers v. FureyMontana Supreme Court · 1905
- Hustad v. ReedMontana Supreme Court · 1958
- Swords v. Occident Elevator Co.Montana Supreme Court · 1924
- Woods v. LattaMontana Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.