First State Bank v. Kellogg Commission Co.
North Dakota Supreme Court
Appeal from tbe District Court of Grant County, North Dakota, Honorable J. M. Hanley, Judge. In granting a motion for a directed verdict, the order of the court must stand or fall upon the grounds specified in the motion. Erickson v. Wiper, 33 N. D. 193. It is not necessary to allege a demand for possession of the property in conversion cases.
Read the full summary
Appeal from tbe District Court of Grant County, North Dakota, Honorable J. M. Hanley, Judge. In granting a motion for a directed verdict, the order of the court must stand or fall upon the grounds specified in the motion. Erickson v. Wiper, 33 N. D. 193. It is not necessary to allege a demand for possession of the property in conversion cases. More Bros. v. Western Grain, 31 N. D. 369. A letter asking if possession of the property in question will be given, and stating that failure to answer will be deemed a refusal to deliver, is a sufficient demand, where a demand is necessary. No…
1Opinion of the CourtGrace, J.
Appeal from the district court of Grant county, from an order denying a motion for a new trial, Honorable J. M. Hanley, J udge.
The action is one in conversion. In its complaint for first cause of action, the plaintiff, in substance, alleges that one Henry Ehlert exe-*271euted and delivered to the plaintiff two promissory notes, one for $88, one for $66, with interest thereon at 10 per cent from the date thereof, which it is alleged were secured hy a chattel mortgage on all crops of every name, nature, and description sown, grown, raised, or harvested during the year 1916 upon section 25, township…
2Cited by5 opinions
- Teigen v. Occident Elevator Co.North Dakota Supreme Court · 1924
- Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
- First State Bank v. Farmers Co-Op. Elevator Co.North Dakota Supreme Court · 1930
- Strong City Gin Co. v. Herring & YoungSupreme Court of Oklahoma · 1938
- First State Bank of New Salem v. Farmers Co-operative Elevator Co.North Dakota Supreme Court · 1930