Benjamin v. Levy
Supreme Court of Minnesota
Plaintiff brought this action in the municipal court of St. Paul to recover for the conversion by defendant of $100. At the trial there was evidence that plaintiff and one Natelson called together at the express office at Lake Crystal, and plaintiff delivered to the express agent $100, belonging to himself, which was enclosed in a. sealed package, directed to Nathan Benjamin, at Minneapolis, and with plaintiff’s name on it as consignor.
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Plaintiff brought this action in the municipal court of St. Paul to recover for the conversion by defendant of $100. At the trial there was evidence that plaintiff and one Natelson called together at the express office at Lake Crystal, and plaintiff delivered to the express agent $100, belonging to himself, which was enclosed in a. sealed package, directed to Nathan Benjamin, at Minneapolis, and with plaintiff’s name on it as consignor. Soon after plaintiff and Natelson had left the office, the latter returned to it, and caused the-address of the package to be changed to “J. Levy, St. Paul,”…
1Opinion of the CourtCollins, J.
This is an action brought to recover the sum of $100,, the property, it is alleged, of plaintiff, and which he claims has been wrongfully converted by defendant to his own use. The answer put plaintiff upon his proof on all of the material allegations of the complaint. The evidence, all of which has been certified up, is sufficient to have warranted a finding that plaintiff was, as he claimed,. *12the owner of the money, but, unfortunately for him, there was no finding of that import, and none that will justify the conclusion of the court that plaintiff is entitled to judgment. The only one…
2Cases cited5 opinions
- Green v. . ClarkeNew York Court of Appeals · 1855
- Wagner v. NagelSupreme Court of Minnesota · 1885
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Chamberlain v. WestSupreme Court of Minnesota · 1887
- Schneider v. AshworthSupreme Court of Minnesota · 1886
3Cited by10 opinions
- Presley Fruit Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Minnesota · 1915
- Brown v. ShawSupreme Court of Minnesota · 1892
- Dyer v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Grinnell-Collins Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1910
- Judson v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1915
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