Cuerth v. Arbogast
Montana Supreme Court
Appeal from District Court, Chouteau County; Jno. W. Tat-tan, Judge. Action by Henry Cuerth and. wife against John Arbogast. From a judgment for plaintiffs and an order denying a new trial defendant appeals. There is nothing plainer from the testimony in this case than that the original intention of the parties to the transaction between the plaintiffs and Busch was one of sale and not of bailment.
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Appeal from District Court, Chouteau County; Jno. W. Tat-tan, Judge. Action by Henry Cuerth and. wife against John Arbogast. From a judgment for plaintiffs and an order denying a new trial defendant appeals. There is nothing plainer from the testimony in this case than that the original intention of the parties to the transaction between the plaintiffs and Busch was one of sale and not of bailment. “The very term ‘bailment’ implies that the owner of an article has placed it in the hands of another, who is at some time to redeliver it to the owner. And if the person to whom the thing is…
1Opinion of the CourtJustice Holloway
Action in claim and delivery to recover certain cattle or their value. Defendant appealed from an adverse judgment, and from an order denying him a new trial. The plaintiffs claim that they owned the cattle in dispute, and let them to one John D. Busch under an agreement which amounted to a bailment, with an option to Busch to purchase. The defendant alleges that he purchased the cattle from Busch while he was in possession of them, and for their fair value, without notice of any outstanding claim.
1. Plaintiff Henry Cuerth testified that Busch came to him a stranger, and that, upon the…
2Cases cited18 opinions
- Kipp v. SilvermanMontana Supreme Court · 1901
- Cobban v. HecklenMontana Supreme Court · 1902
- State v. BiggsMontana Supreme Court · 1912
- State v. De WolfeMontana Supreme Court · 1904
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. RitzMontana Supreme Court · 1922
- Herzig v. SandbergMontana Supreme Court · 1918
- State ex rel. State Highway Commission v. BennettMontana Supreme Court · 1973
- Doichinoff v. Chicago, M. & St. P. Ry. Co.Montana Supreme Court · 1916
- Doering v. SelbyMontana Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.