Jones v. Rahilly
Supreme Court of Minnesota
The plaintiff brought this action in the district court for Olmsted county, to recover the value of four horses and a buggy, alleged to be plaintiff’s property and detained by defendant, with damages. Both parties claimed title to the property by purchase from one Reynolds. A trial was had before a jury, who found a verdict for the plaintiff. The defendant made a motion for a new trial, and from an order denying the same, he appeals to this court.
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The plaintiff brought this action in the district court for Olmsted county, to recover the value of four horses and a buggy, alleged to be plaintiff’s property and detained by defendant, with damages. Both parties claimed title to the property by purchase from one Reynolds. A trial was had before a jury, who found a verdict for the plaintiff. The defendant made a motion for a new trial, and from an order denying the same, he appeals to this court. The case, so far as the questions discussed and decided in the opinion are concerned, is fully stated therein.
1Opinion of the Court
*322 By the Court
Berry, J.
The complaint in this action alleges plaintiff’s ownership and right of immediate possession of the personal property therein described, its value, defendant’s possession of it, a demand thereof by plaintiff of defendant, and defendant’s refusal to deliver up the same to plaintiff’s damage in the sum of f 1,000.
' Though not in the best form, we think this is a sufficient statement of a cause of action for a conversion of the property.
The complaint further alleges that “ defendant wilfully, maliciously and fraudulently keeps and conceals said property, so that the same…
2Cases cited5 opinions
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Smith v. . BeattieNew York Court of Appeals · 1865
- Mott v. SmallNew York Supreme Court · 1838
- Belote v. MorrisonSupreme Court of Minnesota · 1863
- Wilde v. HexterNew York Supreme Court · 1867
3Cited by9 opinions
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Holland v. Duluth Iron Mining & Development Co.Supreme Court of Minnesota · 1896
- Patterson v. StewartSupreme Court of Minnesota · 1889
- Miller v. KoertgeTexas Supreme Court · 1888
- Johnson v. FischerSupreme Court of Minnesota · 1883
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