E. L. Welch Co. v. Lahart Elevator Co.
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $5,339.45, tbe value of certain wheat, which it was alleged plaintiff owned on May 13, 1907, and defendant then converted. The answer was a general denial. The facts are stated in the opinion.
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Action in tbe district court for Hennepin county to recover $5,339.45, tbe value of certain wheat, which it was alleged plaintiff owned on May 13, 1907, and defendant then converted. The answer was a general denial. The facts are stated in the opinion. At the close of the testimony, defendant moved for a directed verdict on the ground that the wheat belonged to defendant on May 13, 1907, and had belonged to it ever since April 23 or April 24, 1907. The court, Simpson, J., granted the motion and directed the jury to return a verdict in favor of defendant. From an order denying plaintiff’s…
1Opinion of the CourtLewis, J.
This action was brought to recover the value of 5,334 bushels of wheat, which appellant claimed was converted by respondent. On *223February 6, 1907, appellant and one W. B. Mohler, both members of the board of trade of the chamber of commerce of Minneapolis, entered into a transaction on the floor of the board of trade by which appellant, through its secretary, Mr. -MeClatchie, agreed to sell to Mohler five thousand bushels No. 1 Northern wheat at 83% cents per bushel, to arrive at Minneapolis at any time before June 1. The transaction occurred in the ordinary course of business, and at the…
2Cases cited3 opinions
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- Carter, Rice & Co. v. Cream of Wheat Co.Supreme Court of Minnesota · 1898
3Cited by4 opinions
- Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Dalrymple v. Randall, Gee & Mitchell Co.Supreme Court of Minnesota · 1919
- Mohler v. Chamber of CommerceSupreme Court of Minnesota · 1915