Plano Manufacturing Co v. Northern Pacific Elevator Co.
Supreme Court of Minnesota
Appeal by defendant, The Northern Pacific Elevator Company, from a judgment of the District Court of Wadena County, Holland, J., entered September 30, 1891, for $109.52, damages and costs. Joseph Eeiner, on June 28, 1888, mortgaged to the Plano Manufacturing Company all crops to be harvested during the seasons of 1888 and 1889, on eighty acres of land owned by him in Otter Tail County.
Read the full summary
Appeal by defendant, The Northern Pacific Elevator Company, from a judgment of the District Court of Wadena County, Holland, J., entered September 30, 1891, for $109.52, damages and costs. Joseph Eeiner, on June 28, 1888, mortgaged to the Plano Manufacturing Company all crops to be harvested during the seasons of 1888 and 1889, on eighty acres of land owned by him in Otter Tail County. Eeiner raised on this land during the summer of 1888, one hundred and fifty-two bushels of wheat. In October, 1888, one Wagoner, acting for Eeiner, delivered eighty-seven bushels of this wheat at defendant’s…
1Opinion of the CourtGilfillan, C. J.
There was no evidence of a demand in this case, and no evidence of any act of conversion. The wheat was received by the defendant in good faith, without knowing it was not the property of the persons from whom it was received, and it does not appear what afterwards became of it. Where one comes into possession of personal property in good faith, as by bona fide purchase, his *168possession is not wrongful as to the true owner, so that an action may be maintained against him, until he has had an opportunity, upon proper demand, to restore it to such owner, and has refused. A demand may be…
2Cases cited1 opinion
- Capital National Bank v. WilliamsNebraska Supreme Court · 1892
3Cited by3 opinions
- Towne v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
- Hovey v. BromleyNew York Supreme Court · 1895
- Jumiska v. AndrewsSupreme Court of Minnesota · 1902