Howard v. Dwight
South Dakota Supreme Court
Appeal from circuit court, Davison' county. Hon. D. Haney, Judge. Action for damages for the conversion of personal property. Defendant had judgment, and from the judgment and an order denying his motion for a new trial, plaintiff appeals. The facts are stated in the opinion. If the property was in the possession of a third party, and the third party agreed to hold it for the purchaser, the delivery was complete.
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Appeal from circuit court, Davison' county. Hon. D. Haney, Judge. Action for damages for the conversion of personal property. Defendant had judgment, and from the judgment and an order denying his motion for a new trial, plaintiff appeals. The facts are stated in the opinion. If the property was in the possession of a third party, and the third party agreed to hold it for the purchaser, the delivery was complete. Williams v. Lerch, 56 Cal. 830; Means v. Williams, 37 Me. 556; Walden v. Murdock, 23 Cal. 540; Barry v. Brown, 2 Vt. 374; Montgomery v. Hunt, 5 Cal. 366; Gardick v. Bowers, 4 Pac.…
1Opinion of the CourtCorson, P. J.
The plaintiff sued to recover damages for the seizure and conversion of a stock of goods of which plaintiff claimed to be owner. Judgment for defendant, and from the judgment and an order denying a motion for a new trial the plaintiff appeals.
Prior to February 6, 1893, the National Union Company carried on the mercantile business, by means of some 40 or 50 stores located in different states, conducted by managers, who received a salary and percentage of the profits. Several of the stores were located in this state, and among them was one at Mitchell and one at Vermillion. At about the…
2Cases cited14 opinions
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Allen v. MasseySupreme Court of the United States · 1872
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3Cited by4 opinions
- Church v. FoleySouth Dakota Supreme Court · 1897
- Lockhart v. EdgeSouth Dakota Supreme Court · 1918
- Quackenbush v. GrafSouth Dakota Supreme Court · 1916
- Scott v. HantzSouth Dakota Supreme Court · 1915