Adams v. Overboe
Supreme Court of Minnesota
Action in the district court for Clay county against defendants, sureties on a sheriff’s official bond, to recover $167.59, the amount of a judgment obtained by plaintiff against the sheriff of Clay county, for the conversion of certain oats upon which plaintiff held a chattel mortgage. The case was tried before Baxter, J., who found in favor of defendants. From an order denying plaintiff’s motion to set aside the findings and for a new trial, plaintiff appealed.
1Opinion of the CourtElliott, J.
This action was brought by Edwin Adams, as the owner of a certain chattel mortgage, against the sureties on the bond of William J. Bodkin, sheriff of Clay county, to recover damages for the conversion of certain grain, which was levied upon by Bodkin as the property of one Marquette. The trial court found that the plaintiff’s mortgage was fraudulent, and ordered judgment for the defendants. The appeal is from that order.
The essential facts are undisputed. On September 8, 1898, Leslie Welter, to whom Marquette was indebted, commenced an action to collect his claim, and caused an attachment to…
2Cases cited2 opinions
- Litchfield v. McDonaldSupreme Court of Minnesota · 1886
- Willius v. AlbrechtSupreme Court of Minnesota · 1907
3Cited by5 opinions
- Schlecht v. SchlechtSupreme Court of Minnesota · 1926
- Hay v. DuskinCourt of Appeals of Arizona · 1969
- Canfield v. BodkinSupreme Court of Minnesota · 1908
- County of Lenawee v. NuttenMichigan Supreme Court · 1926
- Johnson v. American Surety Co. of New YorkSupreme Court of Minnesota · 1925