Towne v. St. Anthony & Dakota Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Emma G. Towne against the St. Anthony & Dakota Elevator Company. From a judgment for plaintiff, defendant appeals. Defendant did not convert the" wheat by receiving and storing it with other grain of like kind and grade. B) her contract with Murray plaintiff required him to deliver one half of the wheat in the elevator at Erie in her name.
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Appeal from District Court, Cass County; Pollock, J. Action by Emma G. Towne against the St. Anthony & Dakota Elevator Company. From a judgment for plaintiff, defendant appeals. Defendant did not convert the" wheat by receiving and storing it with other grain of like kind and grade. B) her contract with Murray plaintiff required him to deliver one half of the wheat in the elevator at Erie in her name. She must be regarded as having directed this to be done in the light of the known usages of ware-housemen to mingle in a common bin wheat deposited with them for storage. National Esc. Bank v.…
1Opinion of the CourtWallin, J.
This is an action brought to recover damages for the alleged conversion of plaintiff’s wheat, and was tried to the Court, under the provisions of chapter 5 of the Session Laws of 1897. The trial court filed its findings of fact and conclusions of law, and a statement of the case was settled, in which are embodied specifications of alleged errors of law, and likewise of particulars wherein appellant claims that the'findings of fact are not supported by the evidence. Such specifications are, however, not required, under the act of 1897. Farmers’ & M. Nat. Bank v. Davis, 8 N. D. 83, 76 N. W.…
2Cases cited9 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- National Exchange Bank v. WilderSupreme Court of Minnesota · 1885
- Ely v. . EhleNew York Court of Appeals · 1850
- Farmers' & Merchants' National Bank v. DavisNorth Dakota Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Loth v. LothSupreme Court of Minnesota · 1949
- Hoven v. McCarthy Brothers Co.Supreme Court of Minnesota · 1925
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
6 more not listed; retrieve them via the Exa API.