Northern Rock Island Plow Co. v. Hackett-Gates-Hurty Co.

This is an action to recover for the conversion of 18 bobsleds and one grain drill. Plaintiff’s verdict was for $1,435.17. Defendant appealed from- an order denying its motion for judgment or a new trial.

The verdict is a finding that defendant took the property from the possession of plaintiff and not from the possession of a third party. Therefore the plaintiff was not required to make an affidavit, claim and demand pursuant to section 7550, N. D. St. 1913. Aber v. Twichell, 17 N. D. 229, 233, 116 N. W. 95. This statute is similar to our own and is applicable only to cases where the property…