State Bank v. Hurley Farmers Elevator Co.
North Dakota Supreme Court
Appeals from the District Court of Bottineau County, Burr, J. The court erred in granting the motion for and directing a verdict in favor of defendant. The questions of whether or not there had been an intended actual division of the grain between the landlord and tenant,, and the waiving of any lien or claim to ownership by defendant, should have been submitted to the jury, under proper instructions from the' court. The evidence was conflicting upon material facts.
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Appeals from the District Court of Bottineau County, Burr, J. The court erred in granting the motion for and directing a verdict in favor of defendant. The questions of whether or not there had been an intended actual division of the grain between the landlord and tenant,, and the waiving of any lien or claim to ownership by defendant, should have been submitted to the jury, under proper instructions from the' court. The evidence was conflicting upon material facts. Lallier v.. Pacific Elevator Co. 25 S. D. 572, 127 N. W. 558; Aronson v. Oppegard, 16 N. D. 595, 114 N. W. 377. In this case…
1Opinion of the CourtGoss, J.
This opinion decides two appeals. The plaintiff in separate actions sued the Hurley Farmers Elevator Company and the Gruber Company for conversion of grain stored by .one Warren Benson. Plaintiff’s rights in both cases are claimed upon the crop admittedly grown upon the same land. Both elevator companies answer that they are merely holding certain grain stored with them by Benson, and are willing to deliver the grain or the proceeds thereof to whomsoever the court shall decide shall be entitled thereto, and that the grain has been claimed by both plaintiff and one J. A. Whitmore, upon whose…
2Cases cited10 opinions
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Hanson v. SkogmanNorth Dakota Supreme Court · 1905
- Aronson v. OppegardNorth Dakota Supreme Court · 1907
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- State Ex Rel. Workmen's Compensation Fund v. Yellow Cab Co.North Dakota Supreme Court · 1932
- Dahl v. North American Creameries, Inc.North Dakota Supreme Court · 1953
- Stokes v. DaileyNorth Dakota Supreme Court · 1957
- Stavens v. National Elevator Co.North Dakota Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.