Torrey v. Peck
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by H. C. Torrey against Porter P. Peck and. the Minnehaha National Bank impleaded with Peter Gallagher. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Ownership of personal property is a question to which a witness can testify. Stiener v. Traumn, 13 So. 366; Knapp v. Smith, 27 N. Y. 277; Sweet v. Little, 14 N. Y. 465.
1Opinion of the CourtHaney, J.
It is alleged in the complaint that the plaintiff was, on August 6, 1895, the owner and in possession of 26,250 pounds of flour at Montrose in this state, of the value of $750, which was on that day taken by defendants, and converted to their own use, to the plaintiff’s damage in the sum of $750; and that plaintiff claims the highest market price from date of c.onversion to the time of trial. The answer is a general denial. Defendants appealed from a judgment in favor of plaintiff and from an order denying a new trial.
It is undisputed: That plaintiff and one W. H. Wilson were at some time…
2Cases cited3 opinions
- Brace v. Van EpsSouth Dakota Supreme Court · 1899
- Haggarty v. StrongSouth Dakota Supreme Court · 1898
- Seim v. KrauseSouth Dakota Supreme Court · 1900
3Cited by1 opinion
- Greder v. StahlSouth Dakota Supreme Court · 1908