Freeman v. Etter
Supreme Court of Minnesota
Action for the conversion of certain cigars, which the plaintiff alleged were included in a sale to him, by defendant, of personal proiierty in a hotel at Hastings, but which the defendant, after the sale to plaintiff, returned to the person from whom he had himself bought them. At the trial jnthe district court for Dakota county, before Grosby, J., the plaintiff had a verdict, upon ivhich judgment was entered, a motion for a new trial having been denied.
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Action for the conversion of certain cigars, which the plaintiff alleged were included in a sale to him, by defendant, of personal proiierty in a hotel at Hastings, but which the defendant, after the sale to plaintiff, returned to the person from whom he had himself bought them. At the trial jnthe district court for Dakota county, before Grosby, J., the plaintiff had a verdict, upon ivhich judgment was entered, a motion for a new trial having been denied. The defendant appeals from the judgment and from the order refusing a new trial. The exceptions are stated in the opinion.
1Opinion of the CourtMcMillan, C. J.
There was evidence tending to show that, subsequent to the execution of the bill of sale, and the delivery of the property described therein, the plaintiff recognized the defendant’s ownership of the cigars in controversy, and that the defendant, with the knowledge and consent of the plaintiff, returned the cigars, as unsuitable, to the person from whom he had purchased them, not having previously paid for any portion of them. The plaintiff’s testimony tended to show a different state of facts. The court charged the jury, “that, if they find from the evidence, that the defendant took and…
2Cited by1 opinion
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