Underwood v. Atlantic Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Ransom County; Lauder, J. Action by Fred Underwood and Emma A. Powell, co-partners, as Fred Underwood & Co., against the Atlantic Elevator Company. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtCorliss, J.
Plaintiffs are chattel mortgagees of a crop of wheat. As such mortgagees, they have sued the defendant for the conversion of the wheat covered by their mortgage. The ownership of the wheat by the mortgagor is not in dispute. Nor can we discover any issue as to the execution of the mortgage. This fact is admitted by the answer, when construed as a whole. Therefore we are not called upon to settle the very interesting question of evidence discussed by appellant’s counsel relating to *275the proof of instruments without calling a subscribing witness who is living within the jurisdiction of the…
2Cases cited1 opinion
- Kuhnert v. ConradNorth Dakota Supreme Court · 1896
3Cited by5 opinions
- Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court · 2002
- Killmer v. DuchschererNorth Dakota Supreme Court · 1955
- Kuhnert v. ConradNorth Dakota Supreme Court · 1896
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Olander Contracting Co. v. Gail Wachter InvestmentsNorth Dakota Supreme Court · 2002