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FOSTER v. FIRST NATIONAL BANK OF MISSOULA

No. 10239.

365 P.2d 938 (1961)

Earl A. FOSTER, Plaintiff and Respondent, v. FIRST NATIONAL BANK OF MISSOULA, a National Banking Association, Defendant and Appellant, Triangle Development Co., a Corporation, Cross-Defendant.

Supreme Court of Montana.

Decided September 15, 1961.

Attorney(s) appearing for the Case

Smith, Boone & Rimel, Russell E. Smith, Missoula, Robert J. Boyd, Anaconda, for cross-defendant. Russell E. Smith, argued orally.

Ralph J. Anderson, Stanley P. Sorenson, Helena, for respondent. Stanley P. Sorenson, argued orally.

JOHN C. HARRISON, Justice.

This is an appeal by the defendant, the First National Bank of Missoula, a national banking association, from a judgment against it and in favor of the plaintiff, Earl A. Foster. The action is in tort for damages for conversion of certain personal property.

The complaint states a cause of action for conversion. It alleges that the plaintiff Foster had defaulted in payments due under a conditional sales contract held by the defendant...

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