Branthover v. Monarch Elevator Co.
North Dakota Supreme Court
Appeal from the County Court of Bansom County, Honorable F. 8. Thomas, Judge. Where one who owns or has an interest in personal property, with full knowledge of his rights suffers another to deal with it as his own by selling or mortgaging or otherwise disposing of it, he is estopped from later asserting his own issue. 16 Cyc. 762, 761, and cases cited.
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Appeal from the County Court of Bansom County, Honorable F. 8. Thomas, Judge. Where one who owns or has an interest in personal property, with full knowledge of his rights suffers another to deal with it as his own by selling or mortgaging or otherwise disposing of it, he is estopped from later asserting his own issue. 16 Cyc. 762, 761, and cases cited. Where one of two innocent parties must suffer by the act of a third person, he who has enabled the third person to occasion the loss mustestop it. Comp. Laws, § 7077; Mohall- State Bank v. Duluth Elevator Co. 35 N. D. 619, 161 N. W. 287. Mere…
1Opinion of the CourtRobinson, J.
This action is based on a lien for threshing grain. The jury found a verdict in favor of plaintiff for $237.50, and defendant appeals. On the motion for a new trial the court very properly said: There is no error of law entitling the defendant to a new trial.
On the trial there was really but one issue: Did the conduct of the plaintiff estop him from asserting his lien upon the grain or from recovering the value of his special property in the grain threshed by the plaintiff and purchased by the defendant? Upon this issue the evidence was conflicting, and the jury found for the plaintiff.
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2Cases cited1 opinion
- Branthover v. Monarch Elevator Co.North Dakota Supreme Court · 1916
3Cited by4 opinions
- Hochstetler v. GraberNorth Dakota Supreme Court · 1951
- Haslam v. BabcockNorth Dakota Supreme Court · 1941
- Fox v. BellonNorth Dakota Supreme Court · 1965
- State v. ShepardNorth Dakota Supreme Court · 1937