(Download) "Claypool v. Malta Standard Garage" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Claypool v. Malta Standard Garage
- Author : Supreme Court of Montana
- Release Date : January 26, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Conversion ? Sales ? Fraudulent Transfers ? "Immediate Delivery" ? Sale of Grain Before Harvesting ? Delivery to Elevator for Buyer Sufficient Change of Possession ? Non-suit. Trial ? Non-suit ? When Only Motion to be Granted. 1. A motion for non-suit, the granting of which must necessarily be based upon a holding of the trial court that plaintiff has failed to prove a sufficient case to go to the jury, should never be granted when reasonable men may draw different conclusions from the evidence introduced by plaintiff or where it shows a substantial support for his complaint, but only where from the undisputed facts the conclusion necessarily follows, as a matter of law, that recovery cannot be had upon any view which may reasonably be taken from the facts established. Same ? Non-suit ? Motion in Effect Demurrer to Plaintiffs Evidence. 2. A motion for non-suit is in effect a demurrer to plaintiffs Evidence; hence the facts established by it or which it tends to prove must be taken as undisputed. Conversion of Grain ? Sales ? Fraudulent Transfers ? "Immediate Delivery" ? Delivery to Elevator as Agreed Passes Title to Purchaser. 3. In an action for the conversion of grain stored in an elevator and levied upon and sold, in which defendant claimed that plaintiff failed to prove ownership, in that having been sold before harvested, there was no immediate delivery within the meaning of the fraudulent transfer statute (sec. 8604, Rev. Codes 1921) and hence the sale was void, held, that having been delivered to the elevator for plaintiff as soon after harvesting as practicable, title passed to plaintiff upon delivery to the warehouseman. Same ? Fraudulent Transfers ? What are Jury Questions. 4. Whether at the time of sale of grain instant delivery could not be made, whether it was made as soon thereafter as practicable and whether there was a sufficient change of possession to constitute a delivery passing title within the meaning of section 8604, supra, are ordinarily questions for the jurys determination. - Page 286 Sales ? Delivery of Article Purchased to Third Person ? When Sale Valid as Against Subsequent Purchasers and Creditors of Seller. 5. Delivery of the subject matter of a sale to a third person, with the consent of the buyer, to hold for him is a sufficient delivery and change of possession to validate the sale as against a subsequent purchaser or levying creditor of the seller.
 "Claypool v. Malta Standard Garage" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}