Hart v. Kessler
Supreme Court of Minnesota
Appeal by plaintiffs, John Hart, Dennis A. Murphy and Charles F. Whaley, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made January 28, 1893, denying their motion for a new trial. Michael It. Curry was the keeper of the Richelieu Hotel in West Superior, Wis., and purchased of the plaintiffs, at St. Paul, 5,000 cigars, worth $300, and they were shipped to him, and he received and stored them in the basement of the hotel.
Read the full summary
Appeal by plaintiffs, John Hart, Dennis A. Murphy and Charles F. Whaley, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made January 28, 1893, denying their motion for a new trial. Michael It. Curry was the keeper of the Richelieu Hotel in West Superior, Wis., and purchased of the plaintiffs, at St. Paul, 5,000 cigars, worth $300, and they were shipped to him, and he received and stored them in the basement of the hotel. On July 20, 1891, Murphy, one of the plaintiffs, called at the hotel to obtain payment for the cigars. Curry could not pay, but agreed to turn…
1Opinion of the CourtGilfillan, C. J.
The action being for conversion, the plaintiffs could not recover unless they proved their right of property in the chattels alleged to have been converted. The evidence introduced by them did not tend to prove this. They having sold the chattels (5,000 cigars, worth $300) to Curry, the most that could be claimed for the evidence was that he orally agreed to retransfer them to plaintiffs, and they agreed to take them in payment of their account against him. Nothing was done that could be construed to be a delivery or a payment for them, and nothing said indicating that the parties understood…
2Cited by1 opinion
- Watson v. Minneapolis Street-Railway Co.Supreme Court of Minnesota · 1893