Kain v. Garnaas
North Dakota Supreme Court
Appeal from the District Court of Eddy County, Coffey, J. Action for conversion. Judgment for plaintiffs, Defendant appeals. Statement by Bruce, J. This is an action for conversion. On May 3, 1907, the plaintiffs and respondents purchased from Garnaas Brothers, a corporation, four certain horses, and in payment therefor gave to such corporation their promissory notes secured by chattel mortgage on the horses purchased and other property.
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Appeal from the District Court of Eddy County, Coffey, J. Action for conversion. Judgment for plaintiffs, Defendant appeals. Statement by Bruce, J. This is an action for conversion. On May 3, 1907, the plaintiffs and respondents purchased from Garnaas Brothers, a corporation, four certain horses, and in payment therefor gave to such corporation their promissory notes secured by chattel mortgage on the horses purchased and other property. Thereafter, and on October 15, 1908, the defendant and appellant, L. B. Garnaas, claimed to own said notes, and sought to foreclose said chattel mortgage,…
1Opinion
On Petition for Rehearing.
The point has been raised on petition for rehearing that proof of the former adjudication was not admissible in this suit as it had not been pleaded by the plaintiff. This point was not raised or suggested upon the original appeal, the plaintiff being contented with alleging that “the doctrine of res judicata applies only to a final judgment on the merits,” and insisting merely that the judgment in controversy was not such a final judgment. We, however, will consider it here, so that the practice may be settled. Section 6863, Rev. Codes 1905, only provides for a…
2Cases cited4 opinions
- Dows v. McMichaelNew York Court of Chancery · 1836
- Wixson v. DevineCalifornia Supreme Court · 1885
- Calkins v. AllertonNew York Supreme Court · 1848
- Heebner v. ShepardNorth Dakota Supreme Court · 1895