Alden v. Dyer & Brother
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $450 for conversion of a piano. From a judgment entered pursuant to an -order, Bunn, J., in favor of plaintiff for $373.92, notwithstanding a verdict in favor of defendant, defendant appealed. If the sale was conditional, then the bringing of the suit on the note, for money only, was an act of election by appellant, which recognizes title in respondent and the seizure and conversion of the piano was wrongful.
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Action in the district court for Ramsey county to recover $450 for conversion of a piano. From a judgment entered pursuant to an -order, Bunn, J., in favor of plaintiff for $373.92, notwithstanding a verdict in favor of defendant, defendant appealed. If the sale was conditional, then the bringing of the suit on the note, for money only, was an act of election by appellant, which recognizes title in respondent and the seizure and conversion of the piano was wrongful. Minneapolis Harvester Works v. Hally,- 27 Minn. 495; C. Aultman & Co. v. Olson, 43 Minn. 409; Keystone Mnfg. Co. v. Cassellius,…
1Opinion of the CourtLovely, J.
This action is to recover for an alleged wrongful conversion of a piano by the defendant corporation. At the trial there was a verdict for defendant. Upon the alternative motion for judgment or a new trial the court ordered judgment for plaintiff for the value of the property as admitted, which was entered. Defendant appeals.
Plaintiff purchased a piano of defendant for $435, and applied thereon an old piano, valued at $100, made a cash payment of $50, and gave a note for the unpaid balance ($285) of the purchase price. Attached to this note under the claim of defendant was a “title clause,”…
2Cases cited3 opinions
- Minneapolis Harvester Works v. HallySupreme Court of Minnesota · 1881
- Keystone Manufacturing Co. v. CasselliusSupreme Court of Minnesota · 1898
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1890
3Cited by23 opinions
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Norman v. MeekerWashington Supreme Court · 1916
- Galbreath v. MayoSupreme Court of Oklahoma · 1918
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