Johnson v. Martin
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $738.59, and interest, for the conversion of a carload of wheat. The case was tried before Brooks, J., who found in favor of plaintiff for the sum of $642.80 and interest. From a judgment entered pursuant to the findings, defendant appealed.
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Action in the district court for Hennepin county to recover $738.59, and interest, for the conversion of a carload of wheat. The case was tried before Brooks, J., who found in favor of plaintiff for the sum of $642.80 and interest. From a judgment entered pursuant to the findings, defendant appealed. If the agent did not'take part in the original trespass of taking the goods, but innocently, in good faith and without negligence on his part, received the goods from his principal, he is not liable to the true owner. Leuthold v. Fairchild, 35 Minn. 99; McLennan v. Minneapolis & N. Ele. Co., 57…
1Opinion of the Court
COLLINS, J.. This action was brought to recover the value of a car load of wheat, and the essential facts are undisputed. In September, 1900, plaintiff was the owner of the wheat in question, and shipped it by rail from Running Water station, in South Dakota, to Milwaukee, Wisconsin, receiving from the carrier a bill of lading; the consignees being plaintiff’s agents at Milwaukee. When the car *373reached Canton, another station on the line of road, one Wasser unlawfully obtained possession of the accompanying waybill, and substituted a forgery, which, in terms, consigned the car from one C. B.…
2Cases cited4 opinions
- Swim v. WilsonCalifornia Supreme Court · 1891
- Leuthold v. FairchildSupreme Court of Minnesota · 1886
- Dolliff v. RobbinsSupreme Court of Minnesota · 1901
- McLennan v. Minneapolis & Northern Elevator Co.Supreme Court of Minnesota · 1894
3Cited by6 opinions
- Birmingham v. Rice Bros.Supreme Court of Iowa · 1947
- Hoven v. McCarthy Brothers Co.Supreme Court of Minnesota · 1925
- De Vries v. Sig Ellingson & Co.District Court, D. Minnesota · 1951
- Greer v. Equity Co-Operative ExchangeSupreme Court of Minnesota · 1917
- C. E. White & Co. v. Century Savings BankCourt of Appeals for the Seventh Circuit · 1916
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