Davis v. Kobe
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Morrison county, to recover a balance of account for disbursements, charges, commissions and advances, on wheat consigned by defendant to plaintiff at Duluth in this state, and which had been sold by plaintiff, some of it against defendant’s instructions. The nature of the defence appears in the opinion. At the trial before Collins, J., the plaintiff had a verdict; a new trial was refused, and the defendant appealed.
1Opinion of the CourtDickinson, J.
A factor or commission merchant, to whom wheat is consigned for storage in an elevator, not a private warehouse, and for sale, may store it in a mass in a bin with other wheat of the same grade and quality, in the absence of instructions from the consignor to the contrary. } It has become a matter of common knowledge that such is the customary manner of storing wheat in our general commercial elevators, and of this the courts should not affect ignorance, but should take judicial notice without proof. The fact that the wheat is of the grade known as “condemned,” creates no exception to the…
2Cases cited2 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Feild v. FarringtonSupreme Court of the United States · 1870
3Cited by7 opinions
- Duffy v. EnglandIndiana Supreme Court · 1911
- Heffner v. Gwynne-Treadwell Cotton Co.Court of Appeals for the Eighth Circuit · 1908
- Brown v. Southern Grocery CompanySupreme Court of Arkansas · 1925
- Chicago, Milwaukee & St. Paul Railway Co. v. KelmSupreme Court of Minnesota · 1913
- Justice v. BrockWyoming Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.