Omlie v. Farmers' State Bank
North Dakota Supreme Court
Appeal from District Court, Pembina County; Sauter, J. Action by O. M. Omlie against the Farmers’ State Bank of St. Thomas. Verdict directed for plaintiff, and defendant appeals. Plaintiff neither owned the property, nor was he entitled to its possession at the time suit was commenced, hence could'not maintain conversion. Parker v. Fust National Bank, 3 N. D. 87; Ellestad v. N. W. Elev. Co., 6 N. D. 93; Donovan v. St. A. & D. Elev.
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Appeal from District Court, Pembina County; Sauter, J. Action by O. M. Omlie against the Farmers’ State Bank of St. Thomas. Verdict directed for plaintiff, and defendant appeals. Plaintiff neither owned the property, nor was he entitled to its possession at the time suit was commenced, hence could'not maintain conversion. Parker v. Fust National Bank, 3 N. D. 87; Ellestad v. N. W. Elev. Co., 6 N. D. 93; Donovan v. St. A. & D. Elev. Co., 7 N. D. 521. The contract gives plaintiff no right to possession except upon a contingency, which the evidence shows had not arisen. Black v. Elev. Co., 7 N.…
1Opinion of the CourtWallin, J.
This action was tried to a jury. At the close of the case, on motion of plaintiff’s counsel, the Court below directed a verdict in favor of the plaintiff, and such verdict was returned accordingly. An exception was saved to such direction, and the same is assigned as error in this Court. It appears of record that the verdict was directed “on the ground and for the reason that all the evidence in the case shows a conversion by the defendant, the Farmers’ State Bank, of property of the plaintiff, the value of which was $246.” The record shows the following facts, which are undisputed: In the…
2Cases cited1 opinion
- Lane v. O'TooleNorth Dakota Supreme Court · 1898
3Cited by2 opinions
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Thurston v. Osborne-McMillan Elevator Co.North Dakota Supreme Court · 1904