Cogley v. Cushman
Supreme Court of Minnesota
The plaintiff, a minor, by Michael Power his guardian ad litem, brought this action in the district court for Waseca county, for the wrongful taking and conversion by defendant of' a span of horses, the property of the plaintiff. The complaint alleged the minority of the plaintiff, his ownership and possession of the horses, and the wrongful taking and conversion thereof by the defendant.
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The plaintiff, a minor, by Michael Power his guardian ad litem, brought this action in the district court for Waseca county, for the wrongful taking and conversion by defendant of' a span of horses, the property of the plaintiff. The complaint alleged the minority of the plaintiff, his ownership and possession of the horses, and the wrongful taking and conversion thereof by the defendant. The answer admits the taking, and alleges among other things, that the property was taken under and by virtue of a chattel mortgage executed by the plaintiff and one Martin Fanning upon this, with other…
1Opinion of the Court
By the Court
McMillan, J.
The plaintiff, Martin Cogley, and one Martin J. Fanning, (the former being at the time a minor) jointly purchased of Patch & Fisk, agents of one Brayley, a threshing machine and horse power for the *399sum of $700, of which sum they paid $100, and gave their joint notes for $600, to secure the payment of which, and as collateral security therefor, they executed to Brayley a chattel mortgage upon the threshing machine and horse power,'a span of horses owned by Cogley, and a span of mares owned by Panning. The property by the stipulations in the mortgage, was left in the…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Bool v. MixNew York Supreme Court · 1837
- Whitney v. DutchMassachusetts Supreme Judicial Court · 1817
- Humphrey v. HavensSupreme Court of Minnesota · 1867
- Shipman v. HortonSupreme Court of Connecticut · 1846
3Cited by5 opinions
- Miller v. SmithSupreme Court of Minnesota · 1879
- Shroyer v. PittengerIndiana Court of Appeals · 1903
- Betts v. CarrollMissouri Court of Appeals · 1879
- Wells v. SeixasU.S. Circuit Court for the District of Southern New York · 1885
- Brown v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1922