Heartz v. Klinkhammer
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Scott county to recover for the taking and conversion by defendants of a quantity of wheat and oats. The defence was that the grain taken belonged to defendant Theodore Heartz, the plaintiff’s husband, and that the other defendants acted under his directions. At the trial, before Eclson, J., the plaintiff had a verdict. The defendants appeal from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
There are no questions in this case that require any extended discussion. The defendants were sued for damages for wilful trespass in unlawfully entering upon plaintiff’s premises and carrying away a quantity of her grain. The defendants, who answered jointly, admit the acts constituting the alleged trespass, but justify on the ground that the grain was the property, not of plaintiff, but of her husband, Theodore Heartz, and that they took it by his authority. Hence, under the pleadings, the only issue, aside from the amount of damages, was the ownership of the property. On this issue there…
2Cases cited3 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Duncan v. KohlerSupreme Court of Minnesota · 1887
- Ferris v. BoxellSupreme Court of Minnesota · 1885
3Cited by7 opinions
- Enkema v. McIntyreSupreme Court of Minnesota · 1917
- Olson v. O'ConnorNorth Dakota Supreme Court · 1900
- In Re BigalkUnited States Bankruptcy Court, D. Minnesota · 1987
- Johnson v. JensenCourt of Appeals of Minnesota · 1989
- Foreman v. Citizens State BankSupreme Court of Iowa · 1905
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