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110 Mont. 71

103 P.2d 314

Gerard v. Sanner

Montana Supreme Court

Decided February 9, 1940

Montana Supreme Court · decided 1940-02-09

Good law ✅— No negative treatment on recordhow we know

Decided 1940-02-09

How this case has been cited

Cited by 10 later decisions — most recently May 1989

2 federal appellate · 8 state decisions

4019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. Justice Morris:

¶1 I dissent. Gerard’s offer to surrender his stock if Sanner would surrender his is an acknowledgment that he did not own the stock. Not being the owner he suffered no injury by its sale and had no right of action. In my judgment the stock is the property of Hansen, unless the Clark estate can show better title than is shown by the record.

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