Bovey-Shute Lumber Co. v. Dodge Elevator Co.
North Dakota Supreme Court
Action for conversion of grain. From a judgment entered in favor of tbe plaintiff and from an order of tbe District Court, Ward County, Leighton, J., denying judgment non obstante, or, in tbe alternative, for a new trial, the defendant appeals. “An action for tbe conversion of personal property cannot be maintained unless tbe plaintiff was in possession or held - a legal right to tbe immediate possession of tbe property converted, at tbe time of tbe conversion.”
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Action for conversion of grain. From a judgment entered in favor of tbe plaintiff and from an order of tbe District Court, Ward County, Leighton, J., denying judgment non obstante, or, in tbe alternative, for a new trial, the defendant appeals. “An action for tbe conversion of personal property cannot be maintained unless tbe plaintiff was in possession or held - a legal right to tbe immediate possession of tbe property converted, at tbe time of tbe conversion.” Parker v. Bank, 3 N. D. 87. “A mortgagee of chattels having present right of possession may maintain an action against a wrongdoer…
1Opinion of the CourtBronson, J.
This is an action by the mortgagee for conversion of grain covered in a chattel mortgage upon the crop of 1915. A verdict was rendered for the plaintiff. From a judgment entered pursuant thereto, and from an order denying judgment non obstante or in the al*153ternative for a new trial, the defendant has appealed. The facta necessary for a consideration of the rights of the parties herein substantially are as follows:
In 1913 one Mrs. Helgerson was the owner of 280 acres of farm land in Ward county. On March 13, 1913, pursuant to a mortgage foreclosure sale, a sheriff’s certificate of sale was…
2Cases cited5 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Roney v. H. S. Halvorsen Co.North Dakota Supreme Court · 1914
- Ellestad v. Northwestern Elevator Co.North Dakota Supreme Court · 1896
- Gunderson v. HollandNorth Dakota Supreme Court · 1911
- Mitchell v. TschidaSupreme Court of Minnesota · 1898