State v. Cowdery
Supreme Court of Minnesota
Lyman E. Cowdery and Jared G. Wheeler were indicted in the district court for Dodge county for grand larceny in the first degree. Defendants having demanded separate trials, defendant Cowdery was tried before Buckham, J., and a jury, which rendered a verdict of guilty. From an order denying a motion for a new trial, defendant Cowdery appealed. The tickets issued by the firm were contracts of sale, and not of bailment.
Read the full summary
Lyman E. Cowdery and Jared G. Wheeler were indicted in the district court for Dodge county for grand larceny in the first degree. Defendants having demanded separate trials, defendant Cowdery was tried before Buckham, J., and a jury, which rendered a verdict of guilty. From an order denying a motion for a new trial, defendant Cowdery appealed. The tickets issued by the firm were contracts of sale, and not of bailment. If the relation of bailor and bailee existed, it was by virtue of the statute, for at common law the transaction was not one of bailment, but one of sale; inasmuch as the grain…
1Opinion of the Court
IjOVELY, X
Defendant, wTho was jointly indicted with another person, was convicted of the crime of larceny, as bailee, in fraudulently appropriating a quantity of flax to his own use, with intent, as charged in the indictment, to deprive the owner thereof of his property, under the provisions of G. S. 1894, § 6709, subd. 2.
Lvman E. Cowdery was a warehouseman, and, with his partner, *96was running an elevator at Kasson, where he received, from time to time, quantities of flax from the prosecuting witness, Bradshaw, aggregating in amount 760 bushels, and evidenced by nine receipts or tickets, which…
2Cases cited1 opinion
- State v. BarrySupreme Court of Minnesota · 1899
3Cited by6 opinions
- Duxbury v. Spex Feeds, Inc.Court of Appeals of Minnesota · 2004
- Dolliff v. RobbinsSupreme Court of Minnesota · 1901
- State v. SchumacherSupreme Court of Iowa · 1913
- Coen v. Denver Township Mutual Fire InsuranceAppellate Court of Illinois · 1910
- State v. DahlstromSupreme Court of Minnesota · 1925
1 more not listed; retrieve them via the Exa API.