Legal Opinion

Logan v. Freerks

North Dakota Supreme Court

Decided April 22, 1905PublishedCited by 10 opinions

Appeal from District Court, Cass county; Pollock, J. Action by Clara Logan against George W. Freerks and others. Judgment for defendants -and plaintiff appeals. The court erred in its charge, “the burden of proof in this case is upon the plaintiff to show by a fair preponderance of evidence the -conversion claimed.” The relation of attorney and -client existed between plaintiff and the defendants.

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Appeal from District Court, Cass county; Pollock, J. Action by Clara Logan against George W. Freerks and others. Judgment for defendants -and plaintiff appeals. The court erred in its charge, “the burden of proof in this case is upon the plaintiff to show by a fair preponderance of evidence the -conversion claimed.” The relation of attorney and -client existed between plaintiff and the defendants. The burden was on defendants to -show that they received the money in dispute in a lawful and legitimate manner and th-e burden to establish a perfect fairness and adequacy -of the consideration and…

1Opinion of the Court

Fisk, Special Judge.

This action was brought in the district court of Cass county to recover the sum of $1,500 and interest, which sum plaintiff claims was intrusted to the defendants in December, 1901, for the purpose of securing bail for one Blanchard, who was at that time in the custody of the sheriff of Clay county, Minnesota, charged with a public offense, and was to be returned to plaintiff when such bail was exonerated1; that said money was so used by the defendants, but that subsequently defendants caused said Blanchard to be surrendered and the bail exonerated, and received said bail…

2Cases cited3 opinions

  1. Conaughty v. . NicholsNew York Court of Appeals · 1870
  2. Austin v. . RawdonNew York Court of Appeals · 1870
  3. Tugman v. . National Steamship Co.New York Court of Appeals · 1879

3Cited by10 opinions

  1. State v. BraathenNorth Dakota Supreme Court · 1950
  2. Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
  3. Parker State Bank v. PenninggtonCourt of Appeals for the Eighth Circuit · 1925
  4. Blake v. CavinsNew Mexico Supreme Court · 1919
  5. Ogren v. Crystal Springs School District Number 29 of Kidder CountyNorth Dakota Supreme Court · 1925

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