Humpfner v. D. M. Osborne & Co.
South Dakota Supreme Court
Appeal from the circuit court, Grant county.. Hon J. O. Andrews, Judge. Action for damages for the unlawful conversion of personal property. Defendants answered denying generally and setting up facts claimed by them to constitute a justification. Judgment for plaintiff. Defendants appeal. The facts are 'fully stated in the opinion. If a party, having the right to repudiate or affirm a transaction, affirms it, he cannot afterwards resort to his right of repudiation.
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Appeal from the circuit court, Grant county.. Hon J. O. Andrews, Judge. Action for damages for the unlawful conversion of personal property. Defendants answered denying generally and setting up facts claimed by them to constitute a justification. Judgment for plaintiff. Defendants appeal. The facts are 'fully stated in the opinion. If a party, having the right to repudiate or affirm a transaction, affirms it, he cannot afterwards resort to his right of repudiation. Hermon Estoppel, § 466; Comham v. Thompson, 111 Mass. 270; Kinney v. Kierman, 49 N. Y. 164; Moller v. Tuska, 87 N. Y. 166; Riley…
1Opinion of the CourtCorson, J.
This is an action for damages for the unlawful conversion of personal property. Judgment was rendered for plaintiff upon a special verdict. Defendants appeal. The plaintiff, in his complaint, alleges, in substance, that the defendant D. M. Osborne & Co. is a corporation; that on or about *314October 8, 1887, he was the owner and in possession of certain described personal property; that on or about said last mentioned date defendants took possession of the same, and that on or about October 20, 1887, defendants, being then in possession of the same, unlawfully disposed of the same, and converted…
2Cases cited20 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- People v. FrankCalifornia Supreme Court · 1865
- Barto v. . HimrodNew York Court of Appeals · 1853
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Moller v. . TuskaNew York Court of Appeals · 1881
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Northwest Realty Company v. PerezSouth Dakota Supreme Court · 1965
- First National Bank v. McCarthySouth Dakota Supreme Court · 1900
- Anderson v. AlsethSouth Dakota Supreme Court · 1896
- Belknap v. BelknapSouth Dakota Supreme Court · 1906
- Taylor v. VandenbergSouth Dakota Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.