Howe v. Cochran
Supreme Court of Minnesota
One Bennett, in October, 1889, executed to plaintiff a chattel mortgage for the purchase-money of household furniture situated in a house leased to Bennett by defendants as agents for the owner. In November, 1889, Bennett having abandoned the premises, the defendants took possession and removed the furniture, and, on plaintiff’s demand, delivered it to her.
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One Bennett, in October, 1889, executed to plaintiff a chattel mortgage for the purchase-money of household furniture situated in a house leased to Bennett by defendants as agents for the owner. In November, 1889, Bennett having abandoned the premises, the defendants took possession and removed the furniture, and, on plaintiff’s demand, delivered it to her. Plaintiff brought this action in the district court for Ramsey county, to recover for injuries to the furniture caused by the defendants’ negligent handling of it. At the trial, before Kelly, J., it appeared that under the conditions of…
1Opinion of the CourtGtlfillan, C. J.
The case seems to have been tried on the theory that defendants had the right to remove the property in question, and that the plaintiff’s right to recover rested on the fact that they had injured it through want of care in the removal. Whether they had so injured it at all was a litigated question, to be determined by the jury uspon the evidence. It was therefore erroneous for the court, to charge the jury that plaintiff was entitled to recover, at any rate,, nominal damages. Whether there was a cause of action depended on the fact of injury to the goods. But as the jury found actual…
2Cases cited3 opinions
- Ellingboe v. BrakkenSupreme Court of Minnesota · 1886
- Newell v. HoultonSupreme Court of Minnesota · 1875
- Beebe v. WilkinsonSupreme Court of Minnesota · 1883
3Cited by7 opinions
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
- Neustadter Bros. v. DoustIdaho Supreme Court · 1907
- Singer v. Farmers State Bank of GoodridgeSupreme Court of Minnesota · 1926
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