Loff v. Gibbert
North Dakota Supreme Court
From a judgment of tbe District Court of Cass County, Pollock, J.r defendant appeals. A party who disclaims any title to certain personal property and suggests and in reality invites a third party to bring attachment against said property as the property of the judgment debtor of said third party, and such attachment proceedings are so instituted, is estopped to claim title to and ownership of such property thereafter.
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From a judgment of tbe District Court of Cass County, Pollock, J.r defendant appeals. A party who disclaims any title to certain personal property and suggests and in reality invites a third party to bring attachment against said property as the property of the judgment debtor of said third party, and such attachment proceedings are so instituted, is estopped to claim title to and ownership of such property thereafter. Dresbach v. Minnis, 45 Cal. 223; Kirkendall v. Davis, 41 Neb. 285, 59 N. W. 915; Easton v. Goodwin, 22 Minn. 426; Greengard v. Fretz, 64 Minn. 10, 65 N. W. 949; Staples v.…
1Opinion of the CourtChristianson, J.
In December, 1913, the plaintiff Loff entered into an agreement with the Francis Merchandise Brokerage Company, whereby he agreed to exchange a section of Minnesota, land for a stock of merchandise and give $5,000 to boot. In performance of the contract, the plaintiff conveyed the land to the company and paid to it $2,500 in cash, and received shipments of goods purporting to be the merchandise described in the contract. The plaintiff, who is a merchant at Abercombie, sold some of the goods received in the first shipment, but on receipt of the remainder of the goods he discovered that the…
2Cases cited1 opinion
- Ridgway v. MorrisonIndiana Supreme Court · 1867
3Cited by15 opinions
- Schaff v. KennellyNorth Dakota Supreme Court · 1953
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- Helling v. American State Bank & Trust Co.North Dakota Supreme Court · 1994
- Molokai Ranch, Ltd. v. MorrisHawaii Supreme Court · 1942
- Sittner v. MistelskiNorth Dakota Supreme Court · 1966
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