Legal Opinion

Elwell v. Lund

Supreme Court of Minnesota

Decided July 26, 1907No. Nos. 15,263, 15,264—(130, 131)PublishedCited by 4 opinions

Action in the district court for Hennepin county to recover possession of certain merchandise. The case was tried before Dickinson, J., and a jury which found a verdict for plaintiff in the sum of $20,000. From an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial, defendant Lund appealed. From an order granting a new trial unless plaintiff consented to a reduction of the verdict to $9,625, plaintiff appealed.

1Opinion of the CourtElliott, J.

This action was brought by John F. Elwell against John G. Lund and Charles H. Wagner to recover possession of certain merchandise alleged to have been wrongfully withheld from the plaintiff, who was the true owner thereof. The case was dismissed as to Wagner, and a verdict was rendered against Lund for the sum of $20,000, which was reduced by the trial court to $9,625. The defendant Lund appealed from an order denying his motion for judgment notwithstanding the verdict or for a new trial, and the plaintiff, Elwell, appealed from that part of the order reducing the amount of the verdict. The…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Lukens v. HazlettSupreme Court of Minnesota · 1887
  2. Scott v. AustinSupreme Court of Minnesota · 1887
  3. Phelps v. MontgomerySupreme Court of Minnesota · 1895

3Cited by4 opinions

  1. Trauernicht v. KingstonSupreme Court of Minnesota · 1923
  2. Strickland v. First State Bank of BalatonSupreme Court of Minnesota · 1925
  3. Blindman v. Industrial Loan & Thrift Corp.Supreme Court of Minnesota · 1936
  4. Elwell v. LundSupreme Court of Minnesota · 1907

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