McLaughlin v. Dodge Elevator Co.
North Dakota Supreme Court
Appeal from the District Court, Towner County, 0. W. Buttz, J. “A tender of changes must be made before suit in trover where a lien exists, unless the goods have been parted with.” Salters v. Everett, 20 Wend. 267, 32 Am. Dec. 511; Picquit v. McKay (111.) 2 Blackf. 465. “It is obvious that the court take judicial notice of the market price of wheat at any particular date, and especially at a date more than three weeks prior to the retrial of the case in this court.”
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Appeal from the District Court, Towner County, 0. W. Buttz, J. “A tender of changes must be made before suit in trover where a lien exists, unless the goods have been parted with.” Salters v. Everett, 20 Wend. 267, 32 Am. Dec. 511; Picquit v. McKay (111.) 2 Blackf. 465. “It is obvious that the court take judicial notice of the market price of wheat at any particular date, and especially at a date more than three weeks prior to the retrial of the case in this court.” “Nor does evidence of the price in the middle of September, 1895, suffice to inform this court at the end of said month of…
1Opinion of the CourtBirdzell, J.
This is an appeal from a judgment ana from an order denying the defendant’s motion for a judgment notwithstanding the verdict or for a new trial. The action is one to recover damages for alleged conversion of 898 bushels of rye which were raised in 1915 and delivered to the defendant elevator company at Wolford, North Dakota. The rye in question was grown upon land owned by Mrs. F. E. Kerr. The grain was delivered to the defendant as Mrs. Kerr’s grain, and storage ticket No. 6356, running in her favor, was made under date of August 28, 1915. On September 1st, Mrs. Kerr gave a written…
2Cases cited1 opinion
- Albert Solberg & Co. v. RettingerNorth Dakota Supreme Court · 1918
3Cited by3 opinions
- Covlin v. VolochenkoNorth Dakota Supreme Court · 1925
- Sand v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1922
- Sand v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1922