M. W. Savage Factories, Inc. v. Canadian Northern Railway Co.
Supreme Court of Minnesota
Action in conversion in the municipal court of Minneapolis to recover $56.47 for delivery of merchandise without' presentation of the order bill of lading. The case was tried 'before Baldwin, J., who made findings as set out in the first paragraph of the opinion and ordered judgment in favor of plaintiff for $50.05. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
The findings of fact are not challenged by any assignment of error, and are to the effect that plaintiff, engaged in business at Minneapolis, Minnesota, on December 6, 1916, shipped goods to R. L. Brown at Roosevelt, Minnesota, of the value of $50.05, the goods to be delivered on payment of that sum; that the goods arrived 'at defendant’s station *49at Roosevelt, and were by its station agent delivered to Brown, without the presentation of the order bill of lading, upon payment to the agent of the amount due plaintiff, arid more; that defendant’s agent absconded and fathed to turn over the money…
2Cases cited1 opinion
- Bardwell v. American Express Co.Supreme Court of Minnesota · 1886
3Cited by1 opinion
- Watts v. Southern Railway Co.Supreme Court of South Carolina · 1926