H. H. Babcock Co. v. Williams
Supreme Court of Minnesota
Action in replevin in the district court for Ramsey county against the assignee of Grisham & Winch to recover possession of four vehicles or, in lieu thereof, the sum of $905. The cause was tried before O. B. Lewis, J., and a jury. A verdict was directed in favor of plaintiff for two of the vehicles, and for a return to defendant of the other two.
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Action in replevin in the district court for Ramsey county against the assignee of Grisham & Winch to recover possession of four vehicles or, in lieu thereof, the sum of $905. The cause was tried before O. B. Lewis, J., and a jury. A verdict was directed in favor of plaintiff for two of the vehicles, and for a return to defendant of the other two. The verdict was set asjde, and judgment was entered in favor of the plaintiff as the owner and entitled to the possession of all the vehicles. Defendant appealed. The assignee cannot assert a greater claim or title to the goods than that held by the…
1Opinion of the CourtCanty, J.
The plaintiff delivered a number of carriages and buggies to Crisham & Winch under the contract hereinafter mentioned. They sold several of the articles so delivered, and thereafter made an assignment for the benefit of their creditors, under the insolvency law of this state. At the time of making the assignment they had in their custody several of the carriages and buggies remaining unsold, which they turned over to their assignee. This is an action in replevin for the possession of the same, brought against the assignee.
The theory of the plaintiff is that the goods were merely delivered to…
2Cases cited2 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Peek v. HeimSupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Moynahan v. PeopleSupreme Court of Colorado · 1917
- Cahill v. Original Big Gun Beneficial & Pleasure Ass'nCourt of Appeals of Maryland · 1902
- Motor Power Equipment Co. v. Park Transfer Co.Supreme Court of Minnesota · 1933
- Southern Finance Co. v. Mercentile Discount Co.Indiana Court of Appeals · 1923
- Hughes v. BeckerSupreme Court of Minnesota · 1961
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