First National Bank v. Minneapolis & Northern Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by the First National Bank of Fargo against the Minneapolis & Northern Elevator Company. Judgment for plaintiff. Defendants appeals. The statute giving the highest market price between the date of the conversion and the verdict, Subd. 2, § 5000, Rev. Codes, does not apply under the facts proven.
Read the full summary
Appeal from District Court, Cass County; Pollock, J. Action by the First National Bank of Fargo against the Minneapolis & Northern Elevator Company. Judgment for plaintiff. Defendants appeals. The statute giving the highest market price between the date of the conversion and the verdict, Subd. 2, § 5000, Rev. Codes, does not apply under the facts proven. Pickert v. Rugg, 1 N. D. 230, 46 N. W. Rep. 446. The Court having directed a verdict, everything which the jury might reasonably infer from the evidence 'is to be considered as admitted. Bank v. Smith, 11 Wheat. 171; Cameron v. Railway Co., 8…
1Opinion of the CourtYoung, J.
The only question for consideration upon this appeal relates to the proper measure of damages in actions for conversion. Plaintiff sues to recover the value of a quantity of wheat alleged to have been converted by the defendant, and ;upon which it had a mortgage. It is agreed that the quantity involved is 604 bushels, and there is no dispute as to its being covered by plaintiff’s mortgage. At the trial, oyer defendant’s objection, the plaintiff was permitted to prove the highest market price between the date of the alleged conversion and the trial. The defendant made an offer of evidence to…
2Cases cited1 opinion
- Pickert v. RuggNorth Dakota Supreme Court · 1890
3Cited by3 opinions
- First National Bank v. Red River Valley National BankNorth Dakota Supreme Court · 1900
- Miller v. Tidal Oil Co.Supreme Court of Oklahoma · 1932
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900