Merz v. Chicago & Northwestern Railway Co.
Supreme Court of Minnesota
Action in the district court for Brown county to recover $1,850 for the conversion of cattle. The case was tried before Webber, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtCollins, J.
Action for the conversion of cattle delivered to defendant railway company at Rolfe,’ in the state of Iowa, by plaintiff, as consignor, for shipment over its own and connecting lines of road to Monticello, in this state, to- himself as consignee.
1. The fact that the property in dispute was taken from the possession of defendant carrier by one having title paramount to that of this plaintiff is a good defense in an action brought by the latter for a conversion thereof. This is well settled in this jurisdiction (National Bank of Commerce v. Chicago, B. & N. R. Co., 44 Minn. 224, 46 N. W. 342,…
2Cases cited6 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Thomas v. Northern Pacific Express Co.Supreme Court of Minnesota · 1898
- Kohn v. RichmondSupreme Court of South Carolina · 1892
- Hett v. Boston & Maine RailroadSupreme Court of New Hampshire · 1897
- Stevenot v. Eastern Railway Co.Supreme Court of Minnesota · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
- Banik v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
- Brown v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1915
- Clifford v. Brockton Transportation Co.Massachusetts Supreme Judicial Court · 1913
- Burkee v. Great Northern Railway Co.Supreme Court of Minnesota · 1916
4 more not listed; retrieve them via the Exa API.