Davis v. Caldwell
North Dakota Supreme Court
Appeal from the District Court of Dickey County, Honorable Frank P. Allen> Judge. An agent who acts solely for his principal and by and under the direction of his principal, and without knowledge of any wrong and without any bad intent or motive, is not liable as for conversion of property taken by him 'in such capacity and under such circumstances. Rogers v. Huie, 2 Cal. 571, 56 Am.
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Appeal from the District Court of Dickey County, Honorable Frank P. Allen> Judge. An agent who acts solely for his principal and by and under the direction of his principal, and without knowledge of any wrong and without any bad intent or motive, is not liable as for conversion of property taken by him 'in such capacity and under such circumstances. Rogers v. Huie, 2 Cal. 571, 56 Am. Dec. 363; Leuthold v. Fairchild, 35 Minn. 99, 27 N. W. 503, 28 N. W. 218; 2 C. J. p. 827, and cases cited in note 82. A chattel mortgage, to be effectual against third parties, must point out the parties,.so that…
1Opinion of the CourtGrace, J.
The complaint in the case is one for conversion, and alleges among other things that the defendants unlawfully and wrongfully took possession of, sold, and converted to their own use certain personal property, to wit, one black mare named “Maud,” one black horse named “Tom,” and one bay horse named “Colonel,” of the value of $700, and demands judgment for such sum, with interest.
The complaint further alleges that on the 1st day of April, 1912, Earl M. Alcorn, at La Moure, La Moure county, North Dakota, executed and delivered to the plaintiff his certain chattel mortgage upon certain personal…
2Cases cited4 opinions
- Pease v. MagillNorth Dakota Supreme Court · 1908
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1899
- First National Bank v. Ridenour, Baker & Co.Supreme Court of Kansas · 1891
- Lawrenceville Cement Co. v. ParkerNew York Supreme Court · 1891
3Cited by2 opinions
- Stoffel v. SullivanNorth Dakota Supreme Court · 1923
- Security State Bank v. Burnstad Farmers Elevator Co.North Dakota Supreme Court · 1930