Weist v. Farmers State Bank
North Dakota Supreme Court
Appeal from tlie District Court of Hettinger County, Crawford, J. “The legal wrong denominated ‘conversion’ is any unauthorized act of dominion or ownership exercised by one person over personal property belonging to another.” 38 Cyc. 2005. A defendant cannot be held for conversion unless he had actual or constructive possession of the property. 38 Cyc. 2018B, 2; Jaggard, Torts; Drome v. Dennis, 45 N. J. L. 515. Dominion means the right in a corporal thing, from which arises…
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Appeal from tlie District Court of Hettinger County, Crawford, J. “The legal wrong denominated ‘conversion’ is any unauthorized act of dominion or ownership exercised by one person over personal property belonging to another.” 38 Cyc. 2005. A defendant cannot be held for conversion unless he had actual or constructive possession of the property. 38 Cyc. 2018B, 2; Jaggard, Torts; Drome v. Dennis, 45 N. J. L. 515. Dominion means the right in a corporal thing, from which arises the power of disposition and of claiming it from others. 14 Cyc. 866. An appropriation of the proceeds of the sale of a…
1Opinion of the Court
Burke, -J".
Action for conversion of grain, joined with an action for damages alleged to have been sustained by reason of plaintiff being *179induced to execute certain real estate and chattel mortgages. The facts leading up to the litigation are as follows: Plaintiff is a farmer of foreign birth, speaking English with difficulty. He was the owner of a government homestead upon which he resided with his family. The defendant bank owned a quarter section of land in his neighborhood, known as the David land, and 'in October, 1910, plaintiff called at the bank and negotiated for its purchase from one…
2Cases cited3 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Gaertner v. Western Elevator Co.Supreme Court of Minnesota · 1908
- Security State Bank v. RettingerNorth Dakota Supreme Court · 1915