Legal Opinion

Landin v. Moorhead National Bank

Supreme Court of Minnesota

Decided November 14, 1898No. Nos. 11,266—(92)PublishedCited by 6 opinions

Action in the district court for Clay county to recover $870, the proceeds of the sale of a car load of wheat. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiffs in the sum of $382.62. The court denied a motion for a new trial, and from a judgment entered upon the verdict defendant appealed.

1Opinion of the CourtMitchell, J.

The facts were that defendant’s cashier shipped in the name of the bank a car load of wheat to Duluth for sale on account of the owners, who were plaintiff’s brother and one Foote. This wheat was sold, but never paid for; the bank upon which the purchaser gave the check for the purchase price having failed before the check was presented for payment. Very shortly after the shipment of this car, the cashier shipped, also in the name of the defendant, another car load of wheat to Duluth for sale on account of the plaintiff, who was the owner. This wheat was sold and paid for. The cashier,…

2Cited by6 opinions

  1. Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
  2. Grand Lodge v. TowneSupreme Court of Minnesota · 1917
  3. Johnson v. OgrenSupreme Court of Minnesota · 1907
  4. Rooney v. Dayton-Hudson Corp.Supreme Court of Minnesota · 1976
  5. Kremer v. LewisSupreme Court of Minnesota · 1917

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