Legal Opinion

Rosenbaum Bros. & Co. v. Hayes

North Dakota Supreme Court

Decided May 22, 1896PublishedCited by 7 opinions

Appeal from District Court, Stark County; Winchester, J. Action by Morris Rosenbaum and others, suing as Rosenbaum Bros. 8c Co., against Jerry Hayes, sheriff of Stark County. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtCorliss, J.

We are compelled to reverse the judgment in this case for errors in the instructions of the court to the jury. The plaintiffs are seeking to recover in replevin the possession of 5,600 sheep from the defendant, who, as sheriff, seized them on attachment against George M. Beasley & Co. The plaintiffs base their right to possession upon a factor’s lien for a general balance due them from Beasley & Co. on account of advances made by them as commission merchants to Beasley & Co. under an agreement that Beasley & Co. were to purchase sheep, and consign them to plaintiffs in the City of Chicago to…

2Cases cited2 opinions

  1. Davis & Aubin v. John Bradley & Co.Supreme Court of Vermont · 1855
  2. Holbrook v. WrightNew York Supreme Court · 1840

3Cited by7 opinions

  1. Merchants' Exch. Bank of Milwaukee v. McGrawCourt of Appeals for the Ninth Circuit · 1896
  2. Rosenbaum v. HayesNorth Dakota Supreme Court · 1899
  3. Coverdell v. EricksonNorth Dakota Supreme Court · 1918
  4. Witte Manufacturing Co. v. ReillyNorth Dakota Supreme Court · 1902
  5. Rosenbaum v. HayesNorth Dakota Supreme Court · 1901

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