John S. Brittain Dry Goods Co. v. Birkenfeld
Montana Supreme Court
Appeal from District Court, Lewis and Clarke county. ILenry N. Blake, Judge. Replevin by John S. Brittain Dry Goods Company against Adolph Birkenfeld, assignee. From a judgment for plaintiff, and an order denying a new trial, defendant appeals, Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from District Court, Lewis and Clarke county. ILenry N. Blake, Judge. Replevin by John S. Brittain Dry Goods Company against Adolph Birkenfeld, assignee. From a judgment for plaintiff, and an order denying a new trial, defendant appeals, Statement of the case by the justice delivering the opinion. This was an action instituted in the District Court of the First Judicial District in and for the county of Lewis and Clarke, by the John S- Brittain Dry Goods Company, a corporation of Missouri, against Adolph Birkenfeld, the assignee of Genzberger, Barnett & Co., a co-partnership which had…
1Opinion of the CourtBuck, J.
Upon the undisputed facts before it, was the trial court justified in submitting to the jury the question of whether or not plaintiff had sold the goods in dispute outright to the firm of Genzberger, Barnett & Co. or had consigned them only ? We think not.. It was the duty of the court to have decided, as a matter of law, whether the goods aforesaid had been sold or consigned. There is nothing in the evidence offered by the plaintiff to show that its traveling salesman had ever had any other agreement with Genzberger, Barnett & Co. save one for a direct sale of the goods. From the testimony…
2Cases cited1 opinion
- Newell v. WhitwellMontana Supreme Court · 1895
3Cited by5 opinions
- Newhall Land & Farming Co. v. Hogue-Kellogg Co.California Court of Appeal · 1922
- R. M. Davis Photo Stock Co. v. Photo Jewelry Manufacturing Co.Supreme Court of Colorado · 1909
- Pennington Grocery Co. v. Wood & Co.Supreme Court of Oklahoma · 1923
- Lorraine Manufacturing Co. v. Allen Manufacturing Co.Supreme Court of Colorado · 1925
- Richardson-Roberts-Byrne Dry Goods Co. v. GoodkindMontana Supreme Court · 1899