Kennel v. Atlas Elevator Co.
South Dakota Supreme Court
Appeal from Municipal Count of Watertown. Hon. Ikvxn H. Mybes, 'Judge- Action by J. E. Kennel against the Atlas Elevator Company, for conversion of flax. From an order overruling a demurrer to the complaint, the defendant appeals. Tn an action, for conversion, ithe complaint must allege -ownership or possession of the property in plaintiff, at the time of the conversion. Jones v. Winsor, 22 S. D. 480, and cases cited; 38 Cyc. 2068, and cases cited.
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Appeal from Municipal Count of Watertown. Hon. Ikvxn H. Mybes, 'Judge- Action by J. E. Kennel against the Atlas Elevator Company, for conversion of flax. From an order overruling a demurrer to the complaint, the defendant appeals. Tn an action, for conversion, ithe complaint must allege -ownership or possession of the property in plaintiff, at the time of the conversion. Jones v. Winsor, 22 S. D. 480, and cases cited; 38 Cyc. 2068, and cases cited. A complaint for conversion alleging plaintiff’s ownership in the present tense, and not as of the time of -the conversion, is insufficient. Smith…
1Opinion of the CourtMcCOY, J.
The complaint, in substance, alleges that defendant is a corporation; that plaintiff delivered to defendant at its elevator two hundred sixty-one bushels of flax of the value of $1.17 per bushel; that defendant did not issue storage or cash checks for said flax, but delivered the following receipt: “261 bushels of flax, net, delivered by S. Neitert for C. A. Kennel, and held for thresh bill of $242.00;” that plaintiff thereafter presented to defendant said receipt and notice showing that said alleged thresh bill had been paid, and demanded that defendant pay for said flax or deliver the same…
2Cited by5 opinions
- Rensch v. Riddle's Diamonds of Rapid City, Inc.South Dakota Supreme Court · 1986
- Bauer v. Uniroyal Tire Co.Court of Appeals for the Eighth Circuit · 1980
- Gray v. SandersonSouth Dakota Supreme Court · 1931
- Rensch v. Riddle's Diamonds of Rapid City, Inc.South Dakota Supreme Court · 1986
- Roland E. Bauer, D/B/A City Tire Service, a Proprietorship v. Uniroyal Tire Company, a Division of Uniroyal, Inc., a Foreign Corporation and John Patterson, and Tires, Inc., a South Dakota Corporation, Roland E. Bauer, D/B/A City Tire Service, a Proprietorship, Uniroyal Tire Company, a Division of Uniroyal, Inc., a Foreign Corporation and John Patterson v. Tires, Inc., a South Dakota CorporationCourt of Appeals for the Eighth Circuit · 1980