Burkee v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Roseau county to recover $196.78 for conversion of goods shipped by defendant carrier. The amended answer set up that while the goods were in the possession of defendant at Poplar, Montana, the same were seized and taken possession of by the proper officers in the state of Montana in proceedings had in the courts of that state against plaintiff, and that on account of said proceedings defendant was compelled under authority of law to deliver…
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Action in the district court for Roseau county to recover $196.78 for conversion of goods shipped by defendant carrier. The amended answer set up that while the goods were in the possession of defendant at Poplar, Montana, the same were seized and taken possession of by the proper officers in the state of Montana in proceedings had in the courts of that state against plaintiff, and that on account of said proceedings defendant was compelled under authority of law to deliver the possession of the goods to the proper law officers of that state, and alleged that if it had not been for such legal…
1Opinion of the CourtBunn, J.
Plaintiff sued to recover damages for the alleged conversion by defendant of a consignment of goods shipped by him over the defendant’s railroad from Greenbush, Minnesota, to Poplar, Montana. The trial was to the court without a jury, and the decision for plaintiff. Defendant appealed from an order denying a new trial.
The shipment was consigned to plaintiff, “notify Carl Person.” It* arrived at Poplar, but_was not delivered to the consignee. Whether this constituted a conversion of the goods by defendant depends upon whether it is a defense that the goods were seized by a constable under a…
2Cases cited6 opinions
- Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
- Thomas v. Northern Pacific Express Co.Supreme Court of Minnesota · 1898
- Connery v. Quincy, Omaha & Kansas City RailroadSupreme Court of Minnesota · 1904
- Merz v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1902
- Hardin v. PalmerleeSupreme Court of Minnesota · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Johnson v. Minneapolis Business CollegeSupreme Court of Minnesota · 1922