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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Osmers v. Furey, 32 Mont. 581 (1905)

Citation
Osmers v. Furey, 32 Mont. 581 (1905)
Parent Document
Osmers v. Furey, 32 Mont. 581 (1905)
Jurisdiction
Montana (state)
Effective Date
1905-07-03

Full Text

1,073 chars
In claim and delivery the purpose is to obtain possession of the property, with damages for its detention. The value to be-found by the jury which the plaintiff may recover, in cáse a redelivery cannot be had, is the market value at the time the taking occurred or the wrongful detention began. But in arriving at this value it is always proper to take into consideration the cost price as one fact tending to establish it. (Angell v. Hopkins, 79 Cal. 181, 21 Pac. 729; Luse v. Jones, 39 N. J. L. 708; Jones v. Morgan, 90 N. Y. 4, 43 Am. Rep. 131;. Boggan v. Horne, 97 N. C. 268, 2 S. E. 224; Roberts v. Dunn, 71 Ill. 46; Small v. Pool, 30 N. C. 47; McPeters v. Ray, 85 N. C. 462.) This evidence-was admissible upon the same principle as was evidence of the price which the property brought at the sale made by the sheriff. Neither was conclusive, but both were proper to be considered by the jury. Testimony of other witnesses as to the value was objected to upon similar grounds, but, for the reasons already stated, we think the court committed no error in admitting it.