Legal Opinion

Swedish-American National Bank v. Chicago, Burlington & Quincy Railway Co.

Supreme Court of Minnesota

Decided December 15, 1905No. Nos. 14,473—(104)PublishedCited by 13 opinions

Action in the district court for Hennepin county to recover $854 for the conversion of certain bran described in two shipping receipts signed by a clerk of defendant’s local agent and delivered to Blew, Armstrong & Co., whose drafts against the same were cashed by plaintiff. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of defendant. From an order, Elliott, J., denying a motion for a new trial, plaintiff appealed.

1Opinion of the Court

START, C. J. 2

The defendant’s freight agent at the city of Minneapolis on August 15, 1902, signed and delivered two bills of lading to the firm of Blew, Armstrong & Co., hereafter referred to as the firm, each of which acknowledged the receipt of three hundred fifty sacks of bran to be transported to Marion, Ohio, there to be delivered to the consignee. On the same day the firm drew two drafts for $280 each on the consignee, attached them to the bills of lading, and indorsed them to the plaintiff. In consideration thereof and relying thereon the plaintiff advanced to the firm the full amount…

2Cases cited2 opinions

  1. National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
  2. Missouri Pacific Railway Co. v. McFaddenSupreme Court of the United States · 1894

3Cited by13 opinions

  1. Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
  2. Healy v. HoySupreme Court of Minnesota · 1911
  3. National Tea Co. v. Tyler Refrigeration Co.Supreme Court of Minnesota · 1983
  4. State v. VirgensSupreme Court of Minnesota · 1915
  5. Tiedt v. LarsonSupreme Court of Minnesota · 1928

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