Hodgson v. St. Paul Plow Co.
Supreme Court of Minnesota
Action in the district court for Bamsey county by plaintiff as receiver of the Savings Bank of St. Paul against the St. Paul Plow Company and Charles M. Power to recover $2,000 damages for conversion of the proceeds of a promissory note. The case was tried before Bunn, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed.
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Action in the district court for Bamsey county by plaintiff as receiver of the Savings Bank of St. Paul against the St. Paul Plow Company and Charles M. Power to recover $2,000 damages for conversion of the proceeds of a promissory note. The case was tried before Bunn, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed. An agent or servant who, while in the employ of his principal or master, converts the property of a third person with knowledge of the facts is liable. Leuthold v. Fairchild, 35 Minn. 99. While some authorities hold…
1Opinion of the Court
CANTY, J.1
The St. Paul Plow Company sold a quantity of merchandise to a certain customer, received therefor several of the promissory notes of the customer, and thereafter, on December 15, 1895, sold and transferred to the plaintiff bank one of these notes for the sum of $2,333.33. A short time before the note fell due, plaintiff delivered the note to the Bank of Minnesota for collection, in order to aid the efforts of the plow company to pay the note, or substitute other security for it, and then surrender it and said other notes to said customer, and take back from him the goods sold to…
2Cases cited2 opinions
- McLennan v. Minneapolis & Northern Elevator Co.Supreme Court of Minnesota · 1894
- Bagley v. SternbergSupreme Court of Minnesota · 1886
3Cited by2 opinions
- Varley & Co. v. ObergSupreme Court of Minnesota · 1922
- Pacific Telephone & Telegraph Co. v. Standard American Dredging Co.California Court of Appeal · 1918