Kelly v. Cargill Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, J. Action by Thomas C. Kelley against the Cargill Elevator Company to recover for the conversion of five hundred and forty-eight bushels of wheat. Verdict and judgment for plaintiff and defendant appeals. The stub book kept by denfendants agent was not primary evidence. In the case of a check, the check would be the best and primary evidence and the stub secondary evidence only.
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Appeal from District Court, Traill County; Pollock, J. Action by Thomas C. Kelley against the Cargill Elevator Company to recover for the conversion of five hundred and forty-eight bushels of wheat. Verdict and judgment for plaintiff and defendant appeals. The stub book kept by denfendants agent was not primary evidence. In the case of a check, the check would be the best and primary evidence and the stub secondary evidence only. The stubs are not admissible because they are not entitled to be regarded as books of account, and therefore, not original or primary evidence. Wilson v. Gooding,…
1Opinion of the CourtCorliss, C. J.
Defendant seeks to reverse the judgment against it on the ground that incompetent evidence was admitted over its objection. The action is for the conversion of wheat sold to defendant by one Russell. Plaintiff recovered judgment. The wheat was the property of the plaintiff, but was stolen by Russell from his granary, and taken to defendant’s elevator at Hatton, in this state. That some wheat was purchased by defendant of Russell is undisputed, but the exact number of bushels and the grade thereof is not proved unless the evidence which defendant attacks as incompetent is in fact legal…
2Cases cited2 opinions
- Winn v. PattersonSupreme Court of the United States · 1835
- Joslyn v. RockwellNew York Supreme Court · 1891
3Cited by4 opinions
- Liberty National Bank & Trust Co. v. DiamondSupreme Court of Georgia · 1973
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Lewis v. TannerSupreme Court of Georgia · 1984
- Farmers' Co-operative Elevator Co. v. MedhusNorth Dakota Supreme Court · 1915