Legal Opinion

Gould v. Duluth & Dakota Elevator Co.

North Dakota Supreme Court

Decided November 2, 1891PublishedCited by 14 opinions

CROSS-APPEALS from district court, Cass county; Hon. William B. McConnell, Judge. Action by Charles H. Gould against the Duluth & Dakota Elevator Company for conversion. Yerdict for plaintiff. From an order setting aside the verdict and granting a new trial, both parties appeal.

1Opinion of the Court

The opinion of the court was delivered by

"Wallin, J.

This action is for the conversion of wheat. ■ The complaint sets out two separate causes of action — one for the conversion of wheat covered by plaintiff’s chattel mortgage; the other for the conversion of wheat upon which plaintiff claims a seed lien. On December 10, 1890, a jury trial was had, resulting in a general verdict in plaintiff’s favor for the sum of $181.00. No notice of intention to move for a new trial was ever served, but on defendant’s application, and with the consent of plaintiff’s counsel, a bill of exceptions was settled…

2Cited by14 opinions

  1. Scott v. FordOregon Supreme Court · 1908
  2. Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
  3. Long v. Board of County CommissionersSupreme Court of Oklahoma · 1897
  4. Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
  5. Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900

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