Willard v. Monarch Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Cass Comity; Pollock, J. Action by Addie P. Willard against the Monarch Elevator Company. Verdict for plaintiff. From an order denying a new trial, defendant appeals.
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Appeal from District Court, Cass Comity; Pollock, J. Action by Addie P. Willard against the Monarch Elevator Company. Verdict for plaintiff. From an order denying a new trial, defendant appeals. Plaintiff, by the stipulations in her contract for lease, agreed that Jepson should pay her half of the crops raised, to be delivered at the time of threshing, free of expense, in the elevator at Buffalo, she to hold 500 bushels of his half of the wheat until the plowing was done, the tickets for the 500 bushels to be deposited with R. P. Sherman. The contract was a pledge, or agreement for a pledge…
1Opinion of the CourtMorgan, J.
This is an action for the conversion of wheat, on which it is alleged that the plaintiff had a chattel mortgage. One Jepson leased a half section of land from the plaintiff for farming purposes in the year 1896. The lease was in writing, and was duly filed in the office of the register of deeds for Cass county, and contains the following special provision, which is claimed to be a chattel mortgage, to-wit: “Said Matthew Jepson agrees to pay Addie P. Willard the one-half (£) of all crops raised upon said premises, to be delivered at the time of threshing to Addie P. Willard, free of expense,…
2Cases cited15 opinions
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Velsian v. LewisOregon Supreme Court · 1888
- Whiting v. EichelbergerSupreme Court of Iowa · 1864
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- Consolidated Land & Irrigation Co. v. HawleySouth Dakota Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Stutsman v. CookNorth Dakota Supreme Court · 1925
- Kelly v. BairdNorth Dakota Supreme Court · 1934
- Kelly v. BairdNorth Dakota Supreme Court · 1934