Marshall v. Andrews
North Dakota Supreme Court
Appeal from District Court, Walsh County; Souter, J. Action by George H. Marshall against A. C. Andrews and J. E. Gage, co-partners as Andrews & Gage. Judgment- for plaintiff, and defendants appeal. The action is in replevin, the fact that claim and delivery proceedings were not instituted in the case does not transmute the action from a replevin action into an action for conversion.
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Appeal from District Court, Walsh County; Souter, J. Action by George H. Marshall against A. C. Andrews and J. E. Gage, co-partners as Andrews & Gage. Judgment- for plaintiff, and defendants appeal. The action is in replevin, the fact that claim and delivery proceedings were not instituted in the case does not transmute the action from a replevin action into an action for conversion. Benjamin v. Smith, 44 N. W. Rep. 1083. The judgment is for money damages and not in the alternative as required by statute. § 5484, Rev. Codes. The plaintiff elected to follow his property in the defendants’…
1Opinion of the CourtBartholomew, C. J.
On and prior to February 20, 1897, the defendants, as co-partners, owned and operated a public warehouse at the village of Drayton, in Pembina county, in this state. On and between the 18th day of December, 1896, and the 9th day of January, 1897, the plaintiff delivered to the defendants at said warehouse 600 bushels of No. 1 hard wheat, to be stored until such time as plaintiff desired to sell. On February 20, 1897, said warehouse, with its contents, was destroyed by fire. On March 17, 1897, plaintiff demanded of defendants 600 bushels of No. 1 hard wheat, or the then value thereof. His…
2Cases cited6 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Schwerin v. . McKieNew York Court of Appeals · 1872
- McGinn v. ButlerSupreme Court of Iowa · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Hoven v. McCarthy Brothers Co.Supreme Court of Minnesota · 1925
- City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- Crisp v. State BankNorth Dakota Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.