Nelson v. Gytri
Supreme Court of Minnesota
Action in the district court for Clay county to recover $265 for conversion of certain oats. Plaintiffs’ demurrer to the second and third paragraphs of the answer on the ground that the same did not state facts sufficient to constitute a defense, was sustained and leave given to defendant to amend his answer.
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Action in the district court for Clay county to recover $265 for conversion of certain oats. Plaintiffs’ demurrer to the second and third paragraphs of the answer on the ground that the same did not state facts sufficient to constitute a defense, was sustained and leave given to defendant to amend his answer. The case was tried before Nye, J., who when plaintiffs rested granted defendant’s motion to dismiss the action on the ground that plaintiffs had fathed to make out a case of conversion.' Prom an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the Court
Brown, C.‘ J.
Action to' recover the value of certain oats alleged to have been wrongfully converted by defendant. It was dismissed at the conclusion of the trial for the failure of the evidence to make out a case, and plaintiffs appealed from an order denying a new trial.
The facts are not in material dispute. It appears that defendant cropped a tract of land owned by plaintiffs, and'raised and threshed about 1,800 bushels of oats; these were to be divided equally between the parties, in accordance with sample weights taken of some of the oats at the threshing machine. The oats, as they came…
2Cases cited3 opinions
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Hanscom v. HerrickSupreme Court of Minnesota · 1874
- Person v. WilsonSupreme Court of Minnesota · 1878
3Cited by1 opinion
- Sons v. SonsSupreme Court of Minnesota · 1922