Davies v. Dow
Supreme Court of Minnesota
Action in the district court for Pipestone county by plaintiff as assignee of H. P. Lewis, insolvent, to recover possession of a stock of merchandise, or $4,000 in case a return could not be had, and $1,000 damages for the detention. The case was tried before P. E. Brown, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.
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Action in the district court for Pipestone county by plaintiff as assignee of H. P. Lewis, insolvent, to recover possession of a stock of merchandise, or $4,000 in case a return could not be had, and $1,000 damages for the detention. The case was tried before P. E. Brown, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. Title appearing in a third person, plaintiff could not recover, and the action should have been dismissed. Loomis v. Youle, 1 Minn. 150 (175); Caldwell v. Bruggerman, 4 Minn. 190 (270); King v. Lacrosse, 42 Minn. 488;…
1Opinion of the Court
START, O. J.
This was an action to recover possession of a stock of merchandise, or the value thereof, and was originally commenced by Julius A. Smith as assignee in insolvency of H. P. Lewis. Afterwards he was removed, and the present plaintiff, E. W. Davies, was duly appointed such assignee, and substituted as plaintiff herein.
The complaint alleged, ownership and right of possession of the goods in the plaintiff as such assignee, wrongful detention thereof by the defendant, and demand for their return or their value, $4,000. ' The answer denied the plaintiff’s title to the property, and set…
2Cases cited9 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Potter v. DouglassSupreme Court of Connecticut · 1877
- Noyes v. . WyckoffNew York Court of Appeals · 1889
- Wood v. HitchcockNew York Supreme Court · 1838
- Tompkins v. BatieNebraska Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Soufal v. GriffithSupreme Court of Minnesota · 1924