Brown v. Shaw
Supreme Court of Minnesota
Appeal by defendant, Minnie Shaw, from an order of the District Court of Ramsey County, Brill, J., made April 18, 1892, refusing a new trial. This action was brought by the plaintiff, J. C. Brown, against the defendant, to recover the sum of $1,800, alleged to have been intrusted to her on September 21, 1889, by plaintiff for safe keeping and to have been converted by her to her own use.
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Appeal by defendant, Minnie Shaw, from an order of the District Court of Ramsey County, Brill, J., made April 18, 1892, refusing a new trial. This action was brought by the plaintiff, J. C. Brown, against the defendant, to recover the sum of $1,800, alleged to have been intrusted to her on September 21, 1889, by plaintiff for safe keeping and to have been converted by her to her own use. The answer denied that the money was ever intrusted to defendant or that she had converted the same. On the trial, the plaintiff testified that the money belonged to him and his wife jointly; that on their…
1Opinion of the CourtCollins, J.
The ruling of the trial court upon defendant’s motion to dismiss, when plaintiff rested his case, was right for several reasons, — one being that in actions for torts in the taking or conversion of personal property against a stranger to the title, as defendant was in this case, a bailee, mortgagee, or other special property man, is entitled to recover full value. A mere depositary or gratuitous bailee may maintain an action for conversion. Chamberlain v. West, 37 Minn. 54, (33 N. W. Rep. 114,) and cases cited. See, also, Benjamin v. Levy, 39 Minn. 11, (38 N. W. Rep. 702;) Laing v. Nelson, 41…
2Cases cited9 opinions
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Lowremore v. BerrySupreme Court of Alabama · 1851
- Chamberlain v. WestSupreme Court of Minnesota · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wacek v. FrinkSupreme Court of Minnesota · 1892
- Dyer v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Grinnell-Collins Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1910
- Parks v. FoglemanSupreme Court of Minnesota · 1906
- Ernest Wolff Manufacturing Co. v. Battreal Shoe Co.Missouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.