Crisp v. State Bank
North Dakota Supreme Court
Appeal from the District Court of Rolette County, Buttz, J. Action of trover for the conversion of a check. Judgment for plaintiff. Defendant appeals.
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Appeal from the District Court of Rolette County, Buttz, J. Action of trover for the conversion of a check. Judgment for plaintiff. Defendant appeals. Statement of facts by Bruce, J. This is an action for the conversion by the defendant of a certain bank check which was drawn on the Stockman’s National Bank of Montana, the complaint alleging that “on or about tbe 2d day of April, 1905, the plaintiff was the owner and lawfully entitled to the possession 'thereof,’ and that thereafter and on or about the 2d day of May, the defendant wrongfully and unlawfully obtained possession thereof and…
1Opinion of the Court
(This opinion is written after a rehearing).
Bruce, J.
(after stating the facts as above). The principal ground for a reversal which is urged by the defendant in this case, and which was apparently urged upon the motion for a new trial, is that the evidence does not show that the check came into the possession of the plaintiff before the time of the alleged conversion, and *268that therefore the action of trover will not lie. It is contended that, ne delivery having been made, the check at such time was the property of the maker, and not of plaintiff, and that the plaintiff, therefore, has no…
2Cases cited23 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- McDougald v. HuletCalifornia Supreme Court · 1901
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3Cited by18 opinions
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
- Independent Oil Men's Ass'n v. Fort Dearborn National BankIllinois Supreme Court · 1924
- Washington Mechanics' Sav. Bank v. District Title Ins.Court of Appeals for the D.C. Circuit · 1933
- State v. SchlittenhardtNorth Dakota Supreme Court · 1966
- Lindsley v. First National BankSupreme Court of Pennsylvania · 1937
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