Johnston v. Spoonheim
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by Charles W. Johnston against Elling K. Spoonheim and another. Verdict for plaintiff, and 'from an order denying a new trial, defendants appeal.
1Opinion of the CourtSpalding, J.
This is an action brought to recover damages for the conversion of 688 bushels of wheat. On the trial the jury returned a verdict for the plaintiff, assessing his damages at $439.95. The taking of the grain and its value were admitted. The question at issue was its ownership. Defendant took possession of it under a chattel mortgage given by the plaintiff’s father and mother on all the grain to be grown on certain described land during the year 1905. This chattel mortgage was given the 12th day of November, 1904. The land was then owned by the plaintiff’s father, Samuel C. Johnston. A warranty…
2Cases cited12 opinions
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- Hall v. StateSupreme Court of Georgia · 1873
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