McClelland v. Nichols
Supreme Court of Minnesota
This was an action for the conversion of a certain “Vibrator Threshing Machine.” The defendants, in their answer, denied each and every allegation contained in the complaint. The cause was tried in the district court for Freeborn county, by Page, J., and a jury.
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This was an action for the conversion of a certain “Vibrator Threshing Machine.” The defendants, in their answer, denied each and every allegation contained in the complaint. The cause was tried in the district court for Freeborn county, by Page, J., and a jury. Upon the trial the defendants offered in evidence the following paper, marked “Exhibit A $100. Owatonna, Minn., Sept. 6,1871. On or before the first day of January, 1872, for value received, I, the subscriber, of Hartland, county of Freeborn, state of Minnesota, promise to pay to the order of Nichols, Shepard & Co. $100, at Bank of…
1Opinion of the CourtCornell, J.
Under a denial of each and every allegation of a complaint in an action for the conversion of personal property, the defendant, on the trial, has the right to introduce any evidence reasonably tending to show in himself a right of possession to the property at the time of the alleged conversion. Prior to the offer of “Exhibit A” in evidence, and its exclusion by the court, some evidence had been introduced reasonably tending to establish the following facts: That the property mentioned in the complaint was identical with that referred to in the agreement alluded to or contained in the…
2Cases cited1 opinion
- Ballard v. . BurgettNew York Court of Appeals · 1869
3Cited by5 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Johnson v. OswaldSupreme Court of Minnesota · 1888
- Torp v. GulsethSupreme Court of Minnesota · 1887
- Cumbey v. LovettSupreme Court of Minnesota · 1899
- Walton v. Commercial Credit Co.South Dakota Supreme Court · 1941