Cooley v. Minnesota Transfer Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff, Edwin Cooley, from an order of the District' Court of Ramsey County, J. J. Egan, J., made September 10, 1892, denying Ms motion for a new trial. On October 14, 1889, at Minneapolis, the plaintiff, Edwin Cooley, signed as surety, or indorsed, notes for the benefit of Cable & Chute, railroad contractors, to the amount of $7,362.43, due one year thereafter.
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Appeal by plaintiff, Edwin Cooley, from an order of the District' Court of Ramsey County, J. J. Egan, J., made September 10, 1892, denying Ms motion for a new trial. On October 14, 1889, at Minneapolis, the plaintiff, Edwin Cooley, signed as surety, or indorsed, notes for the benefit of Cable & Chute, railroad contractors, to the amount of $7,362.43, due one year thereafter. To secure him against loss, they mortgaged to him on that day their horses and mules and other personal property used in grading. In May following the property was taken by consent of both parties to Custer City, South…
1Opinion of the CourtDickinson, J.
This was an action of replevin to recover forty-three horses and mules which, in the course of transportation by rail from Deadwood, Dak., to St. Paul, had been delivered to the defendant, the Transfer Railway Company, and unloaded, and left in its yards. The possession of the property by the railway company was rightful; at least, until it refused to deliver it to the plaintiff, upon his demand, on the 14th day of April, 1891. The property had been owned by Cable & Chute prior to March 20th of that year. The plaintiff’s asserted right to recover it rests upon the alleged fact that at the…
2Cases cited2 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
3Cited by6 opinions
- Stevenot v. Eastern Railway Co.Supreme Court of Minnesota · 1895
- Clark v. CorserSupreme Court of Minnesota · 1923
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. CoxIndiana Court of Appeals · 1905
- Bank of Brookings v. Aurora Grain Co.South Dakota Supreme Court · 1921
- Healy-Owen-Hartzell Co. v. Merricourt Equity ExchangeSupreme Court of Minnesota · 1925
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