Legal Opinion

Miller v. Darling

Supreme Court of Minnesota

Decided November 23, 1875PublishedCited by 3 opinions

Appeal by defendant from a judgment of the district •court for Dodge county, where the action was tried before Lord, J., and a jury.

1Opinion of the Court

Berry, J.1

This is an action of claim and delivery, in which the plaintiff, claiming to be owner of a large quantity •of wheat stored in the warehouse of Joseph Henderson, seeks to recover possession of the same, which is alleged to be wrongfully detained by the defendant. In his answer defendant alleges that he tooL possession of and holds the wheat as agent of C. & D. S. Hardin, and that at the time when he took it said Henderson was ‘ ‘ the owner ’ ’ thereof, “subject to the claims of C. & D. S. Hardin,” arising •out of the state of facts following, to wit, ‘ ‘ that on or about the 11th day…

2Cases cited2 opinions

  1. Russell v. . AllenNew York Court of Appeals · 1855
  2. Wright v. BennettNew York Supreme Court · 1848

3Cited by3 opinions

  1. Mason v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1901
  2. Allis v. WareSupreme Court of Minnesota · 1881
  3. Melin v. ReynoldsSupreme Court of Minnesota · 1884

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