Banik v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,947.50 .for a quantity of hoop iron converted by defendant.
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Action in the district court for Hennepin county to recover $1,947.50 .for a quantity of hoop iron converted by defendant. The amended answer alleged that the shipment was made under defendant’s bill of lading, and under the direction of the “notify” party in the bill of lading the property was delivered to the Schlitz Brewing Company; that notice of the draft drawn upon the “notify” party was not given to the latter until after delivery of the shipment to' the brewing company, when it declined to honor the draft. The case was tried before Fish, J., who made findings and ordered judgment in…
1Opinion of the Court
Lees, C.
Action in conversion tried by the court without a jury. The findings were in defendant’s favor and plaintiff appealed from the judgment entered thereon.
*177The court found that on July 21, 1917, plaintiff was indebted to the Hollingshead & Blei Company (hereafter referred to as the H. & B. Co.), but was unable to pay the debt in money, and agreed to deliver hoop steel instead, which was to be sold and the proceeds applied to pay the indebtedness. Pursuant to this arrangement, the H. & B. Co. mailed an order for a quantity of hoops to he shipped f. o. b. Minneapolis at a stated price, upon…
2Cases cited20 opinions
- The "Idaho."Supreme Court of the United States · 1877
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ohio Confection Co. v. Eimon Mercantile Co.Supreme Court of Minnesota · 1923
- Alderman Bros. Co. v. N.Y., N. H. H.R. Co.Supreme Court of Connecticut · 1925
- Rudin v. King-Richardson Co.Illinois Supreme Court · 1924
- Schaefer, Inc. v. Minneapolis, Northfield & Southern Railway Co.Supreme Court of Minnesota · 1959
- Weinstein v. DavisSupreme Court of Minnesota · 1924
4 more not listed; retrieve them via the Exa API.