Catlett v. Stokes
South Dakota Supreme Court
Appeal from 'Circuit Court, Hamlin County. Hon. Alva E. Taylor, Judge. • Action by Joseph W. Catlett against W. H. Stokes, for conversion of mortgaged wheat. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. There is no demand alleged’ or proved sufficient to1 support an action for conversion.
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Appeal from 'Circuit Court, Hamlin County. Hon. Alva E. Taylor, Judge. • Action by Joseph W. Catlett against W. H. Stokes, for conversion of mortgaged wheat. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. There is no demand alleged’ or proved sufficient to1 support an action for conversion. A demand must be sufficiently explicit and complete to apprise the defendant of what ¡particular property is claimed, and must be clothed in. absolute, unequivocal terms. 38 Cyc. 2038; Jones Chattel Moi-t. (3d Ed.) sec. 491; Kewaunee County v. Decker, 30 Wis. 624;…
1Opinion of the CourtMoCOY, J.
The -com-plaint in substance 'states that on the 15th day of August, 1892, one Cassidy executed and delivered to ■plaintiff his .promissory note for $6,000, due January 1, 1893; that on the 29th ■da)'- of July, 1893, to secure the payment of said note, Cassidy executed and delivered to plaintiff his chattel mortgage upon and covering' 400 acres of wheat and 200 acres of oats then owned by Cassidy and then growing on section 11, township 114, range 51, in Harolin county, and which mortgage was on the 1st day of August, 1893, filed in -the office of the register -of deeds in and for -said…
2Cases cited12 opinions
- Meech v. . PatchinNew York Court of Appeals · 1856
- Lewis v. . PalmerNew York Court of Appeals · 1863
- Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Lowe v. WingWisconsin Supreme Court · 1882
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