State ex rel. Reilly v. Farmers Co-Operative Elevator Co.
North Dakota Supreme Court
Action in conversion against a public warehouseman upon storage of grain, and also against the surety upon the warehouseman’s bond. Appeal from a judgment of dismissal as to the surety by the County Court of Renville County, Honorable Percy 8. Grews, Judge. The bond of the elevator company which took the appellant’s grain for storage provides that said company will, on demand, deliver to the ticket holder the grain, or a like quantity and kind of grain, or pay for same.
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Action in conversion against a public warehouseman upon storage of grain, and also against the surety upon the warehouseman’s bond. Appeal from a judgment of dismissal as to the surety by the County Court of Renville County, Honorable Percy 8. Grews, Judge. The bond of the elevator company which took the appellant’s grain for storage provides that said company will, on demand, deliver to the ticket holder the grain, or a like quantity and kind of grain, or pay for same. The surety agrees that if the elevator company fails to do so, it will pay the value of the grain. Where judgment for the…
1Opinion of the Court
Fisk, District Judge.
The facts in this case are no.t seriously in dispute, but the parties do not agree as to the law. On August 5, 1909, the defendant Farmers Co-operative Elevator Company was engaged in the business of conducting a public elevator and warehouse at Lansford in this state. On that date said defendant as principal and the defendant the Northern Trust Company as surety executed and delivered to the state of North Dakota the public warehouseman’s bond of the defendant Elevator Company in the sum of $5,000 as provided by § 2247, Rev. Codes 1905 (§ 3111, Comp. Laws 1913). On…
2Cases cited2 opinions
- Northern Light Lodge, No. 1 v. KennedyNorth Dakota Supreme Court · 1897
- Phillips v. SemingsonNorth Dakota Supreme Court · 1913
3Cited by5 opinions
- The Hartford Accident And Indemnity Company v. State Of KansasCourt of Appeals for the Tenth Circuit · 1957
- Stutsman v. CookNorth Dakota Supreme Court · 1925
- American Surety Co. of New York v. State Ex Rel. BaleCourt of Appeals of Texas · 1925
- Zagar v. Columbia Casualty Co.Washington Supreme Court · 1935
- Hartford Accident & Indemnity Co. v. Kansas ex rel. FatzerCourt of Appeals for the Tenth Circuit · 1957