Legal Opinion

Nash v. Brewster

Supreme Court of Minnesota

Decided December 21, 1888PublishedCited by 17 opinions

Plaintiff brought this action in the district court for Grant county, to recover for the alleged conversion of wheat by the defendant. After trial before C. L. Brown, J., and a jury, and verdict for plaintiff, the court, being of the opinion that the case is controlled by Kelly v. Seely, 27 Minn. 385, granted a new trial, from which order the plaintiff appeals.

1Opinion of the CourtVanderburgh, J.

The seed-grain note described in the complaint, upon which a recovery is sought by the plaintiff, contains the requisite statutory provisions, and was filed in the proper office on the day of its date. Lovejoy, the maker of it, occupied the premises therein described under a lease from the owner, one Toombs, and bought the wheat to sow thereon. He actually and in good faith purchased the 200 bushels mentioned, at 75 cents per bushel, and the evidence tends to show that he sowed 120 bushels of the same upon the land upon which the crop in dispute was raised, and of the balance he exchanged,…

2Cases cited8 opinions

  1. Hatch v. Oil Co.Supreme Court of the United States · 1879
  2. Kimberly v. . PatchinNew York Court of Appeals · 1859
  3. Russell v. . CarringtonNew York Court of Appeals · 1870
  4. Burrows v. . WhitakerNew York Court of Appeals · 1877
  5. Chapman v. ShepardSupreme Court of Connecticut · 1872

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3Cited by17 opinions

  1. Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
  2. Mackellar v. PillsburySupreme Court of Minnesota · 1892
  3. Canadian Northern Ry. Co. v. Northern Mississippi Ry. Co.Court of Appeals for the Eighth Circuit · 1913
  4. Endreson v. LarsonSupreme Court of Minnesota · 1907
  5. Wanee v. ThomasCalifornia Court of Appeal · 1925

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