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eBook details

• Title: Angell v. Lewistown State Bank Et Al.
• Author : Supreme Court of Montana
• Release Date : January 13, 1925
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Conversion ? Automobiles ? Conditional Sale Contracts ? Evidence ? Private Writings ? Execution ? How Proved ? Statutory Construction ? Trial ? Offer of Proof ? Rejection ? When Proper. Evidence ? Private Writings ? not Admissible Unless Due Execution Proved. 1. Before a private writing (a conditional sale contract attempted to be introduced by defendant in an action for the conversion of an automobile for the purpose of showing that one other than plaintiff was its owner) can be admitted in evidence, its execution must be proved, unless it be one which of itself furnishes the necessary evidence of its due execution. Same ? When Private Writings Admissible. 2. Under sections 10598 and 10596, Revised Codes, any private writing (except a will) which is acknowledged or proved and certified as required by statute carries with it the evidence of its due execution and is admissible without further proof thereof. Same ? Private Writing Held Inadmissible in Absence of Proof of Execution. 3. A certified copy of a conditional sale contract filed with a county clerk, the original of which was not acknowledged or proved and certified, was inadmissible for the purpose indicated in paragraph 1 above. Appeal ? Record on Appeal ? Correction ? Authority of Supreme Court. 4. Quaere: Has the supreme court authority to grant a motion to have the record on appeal corrected to show the date of a county clerks certificate to a copy of a writing offered in evidence and the fact that the certificate bore the clerks seal? Evidence ? Private Writings ? Proof of Execution by Attesting Witnesses Necessary, When. 5. The common-law rule that where the execution of a writing has been attested the party desiring to prove its execution must, before using other evidence, either produce the attester as a witness or show that his testimony is not available, was not abrogated by section 10588, Revised Codes, and therefore where one of two witnesses who had attested a writing was available at the time of the trial and the absence of the other was not explained, the court properly denied permission to introduce the testimony of an expert in handwriting to show that the signature attached thereto was the signature of the person alleged to have executed it. - Page 346 Statutory Construction ? Whole of Act to be Given Effect. 6. Where two sections of the Codes were enacted by the same legislative assembly and as parts of one Act, and there is not any incongruity between them, both must be given effect, and their provisions harmonized if possible to do so and every part of it made operative, and no word in it must be deemed meaningless if a construction can be adopted which will make it effective. Same ? Wisdom and Policy of Legislation not Matter for Determination of Courts. 7. The wisdom and policy of legislation are matters for the determination of the legislature with which courts are not concerned, and they can neither repeal a section on the ground that it has outlived its usefulness nor effect the same result by a studied disregard of its provisions. Personal Property ? Ownership ? Evidence. 8. Obiter: A witness may state, if he knows, who was the owner of a chattel on a certain day. Trial ? Offer of Proof Containing Objectionable Matter may be Rejected in Entirety. 9. Where an offer of proof contains objectionable matter, the trial court is not required to segregate the admissible portion and admit it, but the offer in its entirety may be rejected. Conversion ? Conditional Sale Contract ? Vendee Entitled to Recover Full Value of Chattel. 10. The conditional vendee of an automobile may, in an action in conversion, recover from third-party tort-feasors its reasonable value and is not limited to the value of his interest represented by the proportion of the purchase price actually paid by him.

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