Northern Line Packet Co. v. Platt
Supreme Court of Minnesota
Action for the conversion of a quantity of grain, including 1,029 bushels of wheat, part of 26,465 bushels purchased for plaintiff, and with money furnished by it, by the firm of Coon & Platt, of which defendant is surviving partner. The answer admits the purchase of 26,431 bushels only, and alleges that all of the same, except 2,657 bushels, were duly delivered to plaintiff prior to October 31, 1871, the date of the alleged conversion.
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Action for the conversion of a quantity of grain, including 1,029 bushels of wheat, part of 26,465 bushels purchased for plaintiff, and with money furnished by it, by the firm of Coon & Platt, of which defendant is surviving partner. The answer admits the purchase of 26,431 bushels only, and alleges that all of the same, except 2,657 bushels, were duly delivered to plaintiff prior to October 31, 1871, the date of the alleged conversion. As to these 2,657 bushels, the answer alleges that, during the time the firm was buying wheat for plaintiff, the wheat bought was from time to time, as…
1Opinion of the CourtGileillan, C. J.
The rulings of the court below excluding evidence offered by defendant to-show the amount of wheat at each of the places, Hudson and Glenmont, cannot be sustained upon the theory that the reports made to plaintiff from time to time constitute an account stated. Conceding that they could in any case have that effect, yet, to enable plaintiff to recover upon them as such, it was necessary that he should declare upon them as such, so that if there were fraud or mistake, sufficient to avoid the effect of the stated account, the defendant might have an opportunity to allege it. By relying in his…
2Cited by4 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- A. Krolik & Co. v. OssowskiMichigan Supreme Court · 1920
- McCormick Harvesting-Machine Co. v. WilsonSupreme Court of Minnesota · 1888
- Patillo v. Allen-West Commission Co.Court of Appeals for the Eighth Circuit · 1901