Stone v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. D. Haney, Judge. Action of trover to recover the value of certain personal property. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. Novation is a substitution of a new obligation for an existing one. Section 3487, Comp.
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Appeal from circuit court, Turner county. Hon. D. Haney, Judge. Action of trover to recover the value of certain personal property. Plaintiff had judgment. Defendant appeals. The facts are stated in the opinion. Novation is a substitution of a new obligation for an existing one. Section 3487, Comp. Laws; Guichard v. Brand, 15 N. W. 764; Glover v. Dowagiae, 12 N. W. 867. In a suit for conversion, if plaintiffs have received their damages or the amount of their interest in the property from any person connected with the transaction they can only recover their actual loss. Jelletts v. Bailroad,…
1Opinion of the CourtBennett, P. J.
October 24, 1884, one D. A. Temple shipped from Freeman, territory of Dakota, a carload of cattle by the Chicago, Milwaukee & St. Paul Railway, consigned to D. A. Temple, St. Paul, Minn., care of Pierce Bros., Minnesota Transfer. A bill of lading was given by the railroad company, in which said D. A. Temple was named as consignee, to order of George W. Stone & Co., of Parker, Dak. This bill of lading was delivered by the railroad company to George W. Stone & Co., who drew a draft for $563 on Pierce Bros., to whose care the cattle were shipped, attached the bill of lading to it, and forwarded…
2Cases cited19 opinions
- Polin v. StateNebraska Supreme Court · 1883
- Reynolds v. ShulerNew York Supreme Court · 1826
- Brewster v. . SillimanNew York Court of Appeals · 1868
- People v. VermilyeaNew York Supreme Court · 1827
- Lee v. QuirkIllinois Supreme Court · 1858
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3Cited by12 opinions
- State v. PhillipsSouth Dakota Supreme Court · 1904
- Western Consolidated Cooperative v. PewSouth Dakota Supreme Court · 2011
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Deere & Webber Co. v. HinckleySouth Dakota Supreme Court · 1906
- Nebraska Land & Live Stock Co. v. BurrisSouth Dakota Supreme Court · 1898
7 more not listed; retrieve them via the Exa API.