Nesbitt v. St. Paul Lumber Co.
Supreme Court of Minnesota
Action for the conversion by defendant, at Anoka, of 200,000 feet of pine saw logs, of the value of $1,600, the property of plaintiff, to plaintiff’s damage in that sum. Defence, that the defendant, at the times mentioned in the complaint, had in its possession 195,132 feet, and no more, of pine logs of the marks described in the complaint, and that such logs were defendant’s property.
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Action for the conversion by defendant, at Anoka, of 200,000 feet of pine saw logs, of the value of $1,600, the property of plaintiff, to plaintiff’s damage in that sum. Defence, that the defendant, at the times mentioned in the complaint, had in its possession 195,132 feet, and no more, of pine logs of the marks described in the complaint, and that such logs were defendant’s property. At the trial in the district court for Anoka county, before Vanderburgh, J., it appeared that the logs in question were cut on plaintiff’s land, without his permission, in the winter of 1872-3, by Clinch &…
1Opinion of the CourtCilfillan, C. J.
The jury in this case have settled the questions that the plaintiff was the owner of the logs, and that the defendant converted them at Anoka. The defendant claims that because they were enhanced in value by the labor of the original wrongdoer in cutting them, and bjr the expense of transporting them to Anoka, the plaintiff is not entitled to recover the enhanced value; that is, that he is not entitled to recover the full value at the time and place of the conversion. That plaintiff did not lose his property in the logs by the wrongful removal of them is admitted. He was as much the owner of…
2Cases cited2 opinions
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
- Single v. SchneiderWisconsin Supreme Court · 1872
3Cited by29 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- King v. MerrimanSupreme Court of Minnesota · 1887
- Parker v. Waycross & Florida RailroadSupreme Court of Georgia · 1889
- Swanson v. AndrusSupreme Court of Minnesota · 1901
- Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
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