Howard v. Barton
Supreme Court of Minnesota
Plaintiff leased certain property from one Cutts, and, for rent, was to deliver 1,000 bushels of wheat to the latter. Subsequently, plaintiff assigned this lease to one Donald Melnnis, the latter agreeing to deliver to the former all the wheat raised on the premises, above the 1,000 bushels to be delivered to Cutts, to be applied to the payment of Mclnnis’s indebtedness to plaintiff.
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Plaintiff leased certain property from one Cutts, and, for rent, was to deliver 1,000 bushels of wheat to the latter. Subsequently, plaintiff assigned this lease to one Donald Melnnis, the latter agreeing to deliver to the former all the wheat raised on the premises, above the 1,000 bushels to be delivered to Cutts, to be applied to the payment of Mclnnis’s indebtedness to plaintiff. As security for this agreement, Melnnis gave plaintiff a chattel mortgage on all the crop on the leased premises, which was filed on May 14, 1879. On August 26, 1879, defendant, as sheriff of Bice county, levied…
1Opinion of the CourtBerry, J.
1. The complaint in this action is, in form, and particularly as respects the prayer for relief, a complaint in an action of claim and delivery. But it states a cause of action, as in trover, for the conversion of personal property, and there was evidence having a reasonable tendency to establish such cause of action. Defendant having answered, it follows that a simple money verdict for damages might properly be rendered in favor of plaintiff, as in an *117action for conversion, notwithstanding the form of the complaint and the prayer for relief. Morish v. Mowntain, 22 Minn. 564.
2. By the terms…
2Cases cited1 opinion
- Morish v. MountainSupreme Court of Minnesota · 1876
3Cited by1 opinion
- National Citizens Bank v. McKinleySupreme Court of Minnesota · 1911