Northern Dakota Elevator Co. v. Clark
North Dakota Supreme Court
Appeal from the District Court, Griggs County; Rose, }. Action by the Northern Dakota Elevator Company against George Clark and others to recover certain money claimed to be in the hands,of one of defendants as,assignee of Clark & Smart. Judgment for plaintiff. Defendants appeal. Owners seeking to follow their property or its proceeds, must trace it into defendant’s possession, Whelley v. Foy, 6 Johns. 34; Van Allen v. Bank, 52 N. Y. x; Bank v. Ins.
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Appeal from the District Court, Griggs County; Rose, }. Action by the Northern Dakota Elevator Company against George Clark and others to recover certain money claimed to be in the hands,of one of defendants as,assignee of Clark & Smart. Judgment for plaintiff. Defendants appeal. Owners seeking to follow their property or its proceeds, must trace it into defendant’s possession, Whelley v. Foy, 6 Johns. 34; Van Allen v. Bank, 52 N. Y. x; Bank v. Ins. Co. 104 Ü. S. 54! Kip v. Bank, 10 Johns 63; Bank v. King, 57 Pa. St. 202; Cook v. Tullís,1% Wall. 332; Schuler v. Bank, 27 Fed. Rep. 424. To…
1Opinion of the CourtCorliss, C. J.
By this proceeding the plaintiff is seeking to follow its money, claimed to be in the hands of the defendant McDermott, as assignee of Clark & Smart. It is insisted by the *28defendant McDermott that J:his money never reached the possession of Clark & Smart, and that, if it did, it had become so mingled with their general assets that it could no longer be traced and identified, either in its original or in a changed form, at the time their property passed to him as their assignee. The facts would seem to support both of these contentions. Clark & Smith were located at Cooperstown, N: D., engaged…
2Cases cited6 opinions
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Englar v. OffuttCourt of Appeals of Maryland · 1889
- Francis v. EvansWisconsin Supreme Court · 1887
- Appeal of HopkinsSupreme Court of Pennsylvania · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Widman v. KelloggNorth Dakota Supreme Court · 1911
- People Ex Rel. Nelson v. Peoples State Bank of MaywoodIllinois Supreme Court · 1933
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.