Nichols & Shepard Co. v. Minnesota Thresher Manufacturing Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $291.95 for conversion of the property described in the opinion. The answer was a general denial. At the close of the trial each party moved that the court direct a verdict in its favor. The jury being excused by consent of the parties, the court ordered judgment for defendant. From an order denying a motion for a new trial, Elliott, J., plaintiff appealed.
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Action in the district court for Hennepin county to recover $291.95 for conversion of the property described in the opinion. The answer was a general denial. At the close of the trial each party moved that the court direct a verdict in its favor. The jury being excused by consent of the parties, the court ordered judgment for defendant. From an order denying a motion for a new trial, Elliott, J., plaintiff appealed. Where there has been an actual conversion of the property a demand therefor before suit is not necessary. Kronschnable v. Knoblauch, 21 Minn. 56; Guthrie v. Olson, 44 Minn. 404;…
1Opinion of the CourtCanty, J.
The complaint alleges, in substance, that in June, 1892, one Kenitzer was the owner of a threshing machine and engine, which was then in South Dakota, where Kenitzer then resided; that on that day he mortgaged the same to the plaintiff corporation to secure the payment of $325 then due by him to it, and that the mortgage was then duly recorded in the proper office in the county of his resi: dence; that thereafter in 1893, while said mortgage was in full force and effect and after the conditions thereof were broken and when plaintiff was entitled to the immediate possession of the mortgaged…
2Cases cited4 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Kellogg v. OlsonSupreme Court of Minnesota · 1885
- Adamson v. WigginsSupreme Court of Minnesota · 1891
- Johnson v. OswaldSupreme Court of Minnesota · 1888
3Cited by6 opinions
- Dairy Department v. Harvey Cheese, Inc.North Dakota Supreme Court · 1979
- Trovatten v. HansonSupreme Court of Minnesota · 1927
- Buffalo Pitts Co. v. Stringfellow-Hume Hardware Co.Court of Appeals of Texas · 1910
- Hanson v. Diamond Iron Mining Co.Supreme Court of Minnesota · 1902
- Conner v. CaldwellSupreme Court of Minnesota · 1940
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