Strickland v. Minnesota Type-Foundry Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county for conversion. The case was tried before Kelly, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed. Where an indebtedness is proved, payment is matter of defense. Bliss, Code PI. § 357; Lerche v. Brasher, 104 N. Y. 157. In conversion the value of the property is prima facie the measure of damages, though plaintiff has only a special interest.
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Action in the district court for Ramsey county for conversion. The case was tried before Kelly, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed. Where an indebtedness is proved, payment is matter of defense. Bliss, Code PI. § 357; Lerche v. Brasher, 104 N. Y. 157. In conversion the value of the property is prima facie the measure of damages, though plaintiff has only a special interest. Jellett v. St. Paul, M. & M. Ry. Co., 30 Minn. 265. Proof of an interest in defendant is matter of mitigation and recoupment. The rule is the same…
1Opinion of the Court
START, C. .T.1
Action for conversion of certain personal property by tbe bolder of a chattel mortgage thereon.
Tbe complaint alleged that on October 9, 1889, tbe then owner of tbe property, for tbe purpose of securing a part of the purchase money due therefor, executed a chattel mortgage thereon, which bis wife also signed, to Selab Strickland, to secure tbe payment to him of tbe sum of $800, due in one year, with interest, according to a promissory note therein described; that tbe mortgage was duly filed, and that on December 1, 1890, tbe mortgagee took possession of tbe property by virtue of…
2Cases cited10 opinions
- Mackey v. AmesSupreme Court of Minnesota · 1883
- Nash v. City of Saint PaulSupreme Court of Minnesota · 1863
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- James v. Emmet Mining Co.Michigan Supreme Court · 1884
- Fletcher v. NeudeceSupreme Court of Minnesota · 1883
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3Cited by4 opinions
- Beach v. FireovidSupreme Court of Kansas · 1911
- First National Bank v. VenardSupreme Court of Kansas · 1921
- Agne v. Skewis-Moen Co.Supreme Court of Minnesota · 1906
- Jones v. Minnesota & Manitoba RailroadSupreme Court of Minnesota · 1906