Black v. Minneapolis & Northern Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by James Black against the Minneapolis & Northern Elevator Company to recover damages for the alleged conversion of wheat upon which said Black held a seed lien. From an order setting aside a verdict for defendant, and granting a new trial, defendant appeals. The account in writing attached to the complaint is not such an account as the statute requires.
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Appeal from District Court, Traill County; Pollock, J. Action by James Black against the Minneapolis & Northern Elevator Company to recover damages for the alleged conversion of wheat upon which said Black held a seed lien. From an order setting aside a verdict for defendant, and granting a new trial, defendant appeals. The account in writing attached to the complaint is not such an account as the statute requires. Parker v. Bank, 3 N. D. 89. The statutory lien can neither be acquired or enforced unless there has been a substantial compliance with the act of the legislature from which the…
1Opinion of the CourtCorliss, C. J.
We are compelled to reverse the order granting a new trial. The court after having directed a verdict for defendant, set aside such verdict, and ordered a new trial. Plaintiff bases his right to recover upon a seed lien. The statute (chapter 150, Laws 1887) under which he claims this lien is silent on the subject of possession. It is clear that the lien is given without reference to the possession by the holder of such lien of the crop on which it is filed. The owner is to remain in possession of the land on which the crop is growing, and harvest and thresh the same. All this is contemplated.…
2Cases cited6 opinions
- Parks v. RossSupreme Court of the United States · 1851
- Manning v. . MonaghanNew York Court of Appeals · 1863
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Hull v. . CarnleyNew York Court of Appeals · 1854
- Hale v. . Omaha National BankNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Burrows v. PaulsonNorth Dakota Supreme Court · 1934
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Wonser v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- Bonde v. SternNorth Dakota Supreme Court · 1944
4 more not listed; retrieve them via the Exa API.