Tarbell v. Farmers' Mutual Elevator Co.
Supreme Court of Minnesota
Plaintiffs, as holders of the receipts or “tickets” described in the opinion, brought this action in the district court for Polk county, to recover for the conversion of the wheat called for by such receipts.
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Plaintiffs, as holders of the receipts or “tickets” described in the opinion, brought this action in the district court for Polk county, to recover for the conversion of the wheat called for by such receipts. The complaint alleges the delivery of the wheat- (4,419 bushels) by plaintiffs to defendant at its warehouse, the grading of the wheat by defendant, (part as “No. 3 Northern” and the rest as “Eejected,”) and the issue of the receipts by defendant describing the wheat in accordance with such grading, and that the wheat was all of the grades so fixed by defendant. The complaint further…
1Opinion of the CourtMitchell, J.
Upon delivery by plaintiffs to defendant (a warehouseman) of certain quantities of wheat, the latter executed to the former instruments called “tickets,” all of similar tenor, the material provisions of which are as follows:
“Beceived for account of Tarbell & Buffington, or bearer, [number] bushels of No. [grade] wheat. Storage and insurance for each thirty days, or fractional part thereof, 1 cent per bushel.
“* * * The conditions on which this wheat is received at this elevator are that the above-named company has the option either to *473deliver the grade of wheat that this ticket calls'for, or…
2Cases cited1 opinion
- Wallace v. Minneapolis & Northern Elevator Co.Supreme Court of Minnesota · 1887
3Cited by3 opinions
- Kahn v. ColeCourt of Appeals of Texas · 1921
- McCarthy's St. Louis Park Cafe, Inc. v. Minneapolis Baseball & Athletic Ass'nSupreme Court of Minnesota · 1960
- O'Neill v. Montana Elevator Co.Montana Supreme Court · 1922