Dalrymple v. Randall, Gee & Mitchell Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,232.84. The facts are stated in the opinion. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of defendant Furber. Plaintiff's motion for amended findings of fact and conclusions was granted and the court found in favor of plaintiff. Defendant Furber’s motion to strike out the amended findings and conclusions of law, or for a new trial, was denied.
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Action in the district court for Hennepin county to recover $1,232.84. The facts are stated in the opinion. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of defendant Furber. Plaintiff's motion for amended findings of fact and conclusions was granted and the court found in favor of plaintiff. Defendant Furber’s motion to strike out the amended findings and conclusions of law, or for a new trial, was denied. From the judgment entered pursuant to the amended order for judgment, the trustee in bankruptcy appealed.
1Opinion of the Court
Taylor, C.
Plaintiff sold a carload of grain on track in the city of Minneapolis to R. J. Johnstone who was then insolvent, but this fact was not known to plaintiff. Johnstone immediately resold the grain to the Randall, Gee & Mitchell Company, who in turn immediately resold it to the Cereal Grading Company, which unloaded the grain two days later and commingled it with other grain. The above parties were all members of the Minneapolis Chamber of Commerce, and the above sales were all made on the exchange floor of the chamber on March 3, 1915, and were made under and according to, and are…
2Cases cited7 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Freeman v. KraemerSupreme Court of Minnesota · 1895
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3Cited by4 opinions
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
- Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
- Commercial Investment Trust v. Lundgren-Wittensten Co.Supreme Court of Minnesota · 1927
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934