State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the state of North Dakota, to and for the use of the Hart-Parr Company, against the Robb-Lawrence Company and the Northern Trust Company. Judgment for plaintiff, and the Northern Trust Company appeals. A warehouseman cannot pledge his own property by the issuance of a warehouse receipt.
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Appeal from District Court, Cass County; Pollock, J. Action by the state of North Dakota, to and for the use of the Hart-Parr Company, against the Robb-Lawrence Company and the Northern Trust Company. Judgment for plaintiff, and the Northern Trust Company appeals. A warehouseman cannot pledge his own property by the issuance of a warehouse receipt. Sexton v. Graham, 4 N. W. 1090; Yennie v. McNamee, 45 N. Y. 614; Franklin Natl.'Bank v. Whitehead, 39 L. R. A. 725; Bank v. Nelson, 95 Am. Dec. 400; Adams v. Merchants Natl. Bank, 2 Fed. 174; Greenleaf v. Dows, 8 Fed. 550. There must be a delivery…
1Opinion of the CourtFisk, J.
Plaintiff recovered judgment in the court below, and •defendant the Northern Trust Company alone appealed from the judgment. The facts, briefly stated, are as follows: The Hart-Parr Company, for whose use this action is prosecuted, is a foreign •corporation engaged in the business of manufacturing engines at 'Charles City, Iowa, and in selling the same throughout the coun■try. The defendant Robb-Lawrence Company was organized as a corporation under the laws of this state, and duly authorized to do 'business as a public warehouseman under the provisions of chapter 141, page 180, Laws 1901,…
2Cases cited13 opinions
- Parshall v. . EggertNew York Court of Appeals · 1873
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Merchants' & Manufacturers' Bank v. HibbardMichigan Supreme Court · 1882
- National Exchange Bank v. WilderSupreme Court of Minnesota · 1885
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3Cited by12 opinions
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- Pittman v. Fort Worth Warehouse & Storage Co.Court of Appeals of Texas · 1923
- Kolp v. PrewittCourt of Appeals of Texas · 1928
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