Legal Opinion

John Miller Co. v. Klovstad

North Dakota Supreme Court

Decided October 2, 1905PublishedCited by 17 opinions

Appeal from District Court, Steele county; Pollock, J. Action by the John'Miller Company against John A. K-lovstad. Judgment for plaintiff, and defendant appeals. A controverted fact should never be taken from a jury where there is a reasonable doubt upon the state of the evidence. Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; McRea v. Bank, 6 N. D. 353, 70 N. W. 813; Cameron v. Gt. N. Ry. Co., 8 N. D. 124, 77 N. W. 1016; Warnken Co. v. Langdon Menc.

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Appeal from District Court, Steele county; Pollock, J. Action by the John'Miller Company against John A. K-lovstad. Judgment for plaintiff, and defendant appeals. A controverted fact should never be taken from a jury where there is a reasonable doubt upon the state of the evidence. Vickery v. Burton, 6 N. D. 245, 69 N. W. 193; McRea v. Bank, 6 N. D. 353, 70 N. W. 813; Cameron v. Gt. N. Ry. Co., 8 N. D. 124, 77 N. W. 1016; Warnken Co. v. Langdon Menc. Co., 8 N. D. 243, 77 N. W. 1000; Pewonka v. Stewart, 13 N. D. 117, 99 N. W. 1080; Slatterly v. Donnely, 1 N. D. 264, 47 N. W. 375. In option…

1Opinion of the Court

Fisk, District Judge.

Appeal from a judgment rendered by the district court of Steele county upon a verdict directed for plaintiff. The facts necessary to a correct understanding of the questions involved are as follows: During the time covered by the transactions between the parties the plaintiff was a commission broker and member of the Duluth board of trade, engaged in buying and selling grain for other persons upon, commission, and the defendant was engaged in operating an elevator at Dwight, in this state, and in buying and shipping grain to Duluth to be there sold. The plaintiff, through…

2Cases cited12 opinions

  1. Irwin v. WilliarSupreme Court of the United States · 1884
  2. Bibb v. AllenSupreme Court of the United States · 1893
  3. Clews v. JamiesonSupreme Court of the United States · 1901
  4. Roundtree v. SmithSupreme Court of the United States · 1883
  5. David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
  2. Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915
  3. Taylor v. Minneapolis, Saint Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1933
  4. Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1919
  5. Stokes v. DaileyNorth Dakota Supreme Court · 1957

12 more not listed; retrieve them via the Exa API.

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