Miller v. National Elevator Co.
North Dakota Supreme Court
This is an appeal from the District Court of Bottineau County; Burr, J., action by A. L. Miller and Clyde Webber, copartners, against the National Elevator Company. Erom a judgment in plaintiffs’ favor, defendant appeals. To state a cause of action in conversion, the complaint must show that plaintiff is the owner or has a special property in the subject of conversion, that he is entitled to its possession, and that defendant wrongfully converted it. Parker v. Eirst Nat.
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This is an appeal from the District Court of Bottineau County; Burr, J., action by A. L. Miller and Clyde Webber, copartners, against the National Elevator Company. Erom a judgment in plaintiffs’ favor, defendant appeals. To state a cause of action in conversion, the complaint must show that plaintiff is the owner or has a special property in the subject of conversion, that he is entitled to its possession, and that defendant wrongfully converted it. Parker v. Eirst Nat. Bank, 3 N. D. 87, 54 N. W. 313; Simmons v. McConville, 19 N. D. 787, 125 N. W. 304; Hodge v. Eastern B. Co. 70 Minn. 193,…
1Opinion of the CourtFisk, C. J.
Plaintiffs, who claim to have had a thresher’s lien covering certain grain purchased by defendant elevator company, brought this action against, it to recover damages alleging an unlawful conversion of such grain. Plaintiffs prevailed in the district court, and from the judment, and also from an order denying a new trial, defendant1 appeals. No brief has been filed or appearance made in this court by respondents.
Appellant served and filed numerous specifications of error, challenging various rulings of the trial court in the admission of testimony and in denying its motions for a directed…
2Cases cited7 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Goulet v. . AsselerNew York Court of Appeals · 1860
- Ring v. NealeMassachusetts Supreme Judicial Court · 1873
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Black v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hildenbrand v. Capital RV Center, Inc.North Dakota Supreme Court · 2011
- Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1923