Short v. Northern Pacific Elevator Co.
North Dakota Supreme Court
PPEAL from district court, La Moure county; Hon. Eoleriok Eose, Judge. Tbis action was commenced in justice court in La Moure county in 1888, was tried de novo on appeal in district court of La Moure county and was taken on appeal to supreme court of Dakota territory. Pending in that court when North Dakota was admitted, the case was transferred to this court. cited: First National Bank v. North, 41 N. W. Bep. 736: Dodge v. Childs, 16 Pac.
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PPEAL from district court, La Moure county; Hon. Eoleriok Eose, Judge. Tbis action was commenced in justice court in La Moure county in 1888, was tried de novo on appeal in district court of La Moure county and was taken on appeal to supreme court of Dakota territory. Pending in that court when North Dakota was admitted, the case was transferred to this court. cited: First National Bank v. North, 41 N. W. Bep. 736: Dodge v. Childs, 16 Pac. Bep. 815; Yicksburg & M. B. Co. v. O’Brien, 119 U. S. 99; Stone v. N. W. S. Co., 36 N. W. Bep. 248; Tuthill S. Co. v. Shaver W. Co., 35 Fed. Bep. 644.…
1Opinion of the CourtWallin, J.
The plaintiff sues the defendant to recover the value of 49 bushels and 50 pounds of No. 1 hard wheat which he alleges was stolen from him by one Gregg McCann on the 15th day of November, 1883, and thereafter delivered to the defendant; that the defendant mixed said wheat with its own grain, and converted the same to its own use. The defendant’s answer was a general denial.
At the trial, William Short, the plaintiff, testified in his own behalf as follows: “Aneighbor and myself went to my granary for a load of grain, and there saw wheat spilled on the ground, and that a good load had been…
2Cases cited13 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Packet Co. v. CloughSupreme Court of the United States · 1874
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
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3Cited by8 opinions
- Needham v. HalversonNorth Dakota Supreme Court · 1912
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
- Lake Grocery Co. v. ChiostriNorth Dakota Supreme Court · 1916
- Myers v. Hagert Construction Co.North Dakota Supreme Court · 1946
- Grant County State Bank v. Northwestern Land Co.North Dakota Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.