McFadden v. Thorpe Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Pembina county; Kneeshaw, J. Action by A. J. McFadden against Thorpe Elevator Company. Judgment for plaintiff, and defendant appeals. An election of remedy, with full knowledge of the facts, is binding. Birdsell Mfg.
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Appeal from District Court, Pembina county; Kneeshaw, J. Action by A. J. McFadden against Thorpe Elevator Company. Judgment for plaintiff, and defendant appeals. An election of remedy, with full knowledge of the facts, is binding. Birdsell Mfg. Co. v. Oglevee, 58 N. E. 231; Harding, v. Atlantic Trust Co., 67 Pac. 222; Thomas v.' Watt, 62 N. W. 345; McDonald v. Bank, 70 N. W. 143; Wright & 'Co. v. Robinson, 82 N. W. 632; Terry v. Munger, 24 N. E. 272; Brai'thwai'te v. Aikin, 3 N. D. 365, 56 N. W. 133. Where, in a farm contract, title is held as security, the transaction is :a chattel mortgage.…
1Opinion of the CourtFisk, J.
This action was brought in the district court of Pembina county to recover damages for the alleged conversion of certain wheat. A jury was waived, and the plaintiff recovered judgment in the court below, from which judgment this appeal is prosecuted. The grain in question was raised by one Alice upon plain*96tiff’s land during the season of 1905, under the ordinary farm contract entered into on March Vt, 1903, and covering that and the two succeeding years. The usual provision is in said contract reserving title to all crops in the landlord until the division thereof, the tenant to receive…
2Cases cited10 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Harkness v. RussellSupreme Court of the United States · 1886
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Merchants' State Bank v. Sawyer Farmers' Co-operative Ass'nNorth Dakota Supreme Court · 1921
- Heald v. StrongNorth Dakota Supreme Court · 1912
- Armstrong v. ThompsonSouth Dakota Supreme Court · 1934
- Dobbs v. Atlas Elevator Co.South Dakota Supreme Court · 1910
4 more not listed; retrieve them via the Exa API.