Montana Attorney General Opinion 17-48

Opinion No. 48. Licenses-Resident and Non-Resident Fur Dealers. HELD: Facts stated show a dealer in furs to be a resident dealer. Mr. Fred C. Gabriel County Attorney Malta, Montana Dear Mr. Gabriel: March 1, 1937. You have submitted the following facts: Mr. J. A. Ebaugh, a justice of the peace of Malta, and a resident there for more than fifty years, purchases and sells furs. Some of these furs are sold to McMillan Fur & Wool Com- pany of Minneapolis, upon which he draws money to purchase the furs when he sells them to the company. J f the furs are bought right, he makes a profit; otherwise he suffers a loss. He is not paid any salary by the com- pany nor any commission and does not sell all of his furs to this company. The question is. is Mr. Ebaugh a resi- dent or non-resident fur dealer? Section 3778.3 R. C. M., 1935, defines fur dealers: "Any person or persons, firm, com- pany or corporation engaging in, carrying on, or conducting wholly or in part the business of buying or selling, trading or dealing, within the state of ;\lontana, in the skins or pelts of any animal or animals, designated by the laws of Montana as fur-bearing or predatory animals, shall be deemed a fur dealer within the meaning of this act. If such fur dealer resides in or if his or its princi- pal place of business is within the state of Montana he or it shall be deemed a resident fur dealer. All other fur dealers shall be deemed non-resident fur dealers." Upon the facts you have submitted, Mr. Ebaugh is engaged in the busi- ness of buying or selling, trading or dealing within the State of Montana in the skins or pelts of animals. This makes him a fur dealer as defined by the section above quoted. Since he is not paid a salary or a commission by the McMillan Fur & Wool Company. and since he buys furs according to his own judgment, and not upon in- struction of the company, and makes a profit only when he is able to pur- chase and sell at a profit, he is an independent dealer. The fact that he has credit with this company to which, if he chooses, he sometimes sells his furs, and can draw on them, is a fi- nancial accommodation but does not change his status as an independent fur dealer. There is no question but that he resides in ;V[ontana, and that he has his principal place of business in Montana. It is therefore my opinion that he is a resident fur dealer.