Vandiver v. O'Gorman
Supreme Court of Minnesota
Appeal by defendant, J. C. O’Gorman, from an order of the District Court of Washington County, W. G. Williston, J., made February 21,1893, denying his motion for a new trial.
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Appeal by defendant, J. C. O’Gorman, from an order of the District Court of Washington County, W. G. Williston, J., made February 21,1893, denying his motion for a new trial. On March 6, 1891, J. S. Vandiver was the owner of a job printing press, thirty six fonts of job type, some large wood type and two cherry cabinets of the value of $400. On that day he mortgaged this property to David Tozer to secure the payment of his note for $150 and interest, due June 6, 1891. He soon after delivered the property to defendant to be stored in the Union Station building in Stillwater. On July 15, 1891,…
1Opinion of the CourtCanty, J.
The plaintiff brought an action of trover against the defendant for the conversion of certain personal property. The defendant, among other things, answered that one David Tozier held a mortgage on the property. The bill of exceptions states that upon the trial it appeared that the amount of this mortgage was the sum of $150, and that it was due and payable to Tozier at the time of the conversion by defendant. The court below held that, as between plaintiff and defendant, the existence of this mortgage was no defense, ordered a verdict for plaintiff, and left it to the jury to assess the…
2Cases cited2 opinions
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Pioneer Savings & Loan Co. v. FullerSupreme Court of Minnesota · 1894
3Cited by7 opinions
- Goldberg v. ListCalifornia Supreme Court · 1938
- Berg v. OlsonSupreme Court of Minnesota · 1903
- Solberg v. Minneapolis Willys-Knight Co.Supreme Court of Minnesota · 1929
- Lowery v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Pioneer Savings & Loan Co. v. FullerSupreme Court of Minnesota · 1894
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