Hersey v. Long
Supreme Court of Minnesota
Defendant sold to plaintiffs certain.logs with warranty of title. Subsequently the Lake Superior & Mississippi Railroad Company recovered judgment against plaintiffs, in an action for conversion of the same logs. Plaintiffs then brought this action on the warranty, in the district court for Washington county, alleging in their complaint due notice by them to defendant of the commencement of the action by the railroad company.
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Defendant sold to plaintiffs certain.logs with warranty of title. Subsequently the Lake Superior & Mississippi Railroad Company recovered judgment against plaintiffs, in an action for conversion of the same logs. Plaintiffs then brought this action on the warranty, in the district court for Washington county, alleging in their complaint due notice by them to defendant of the commencement of the action by the railroad company. The action was tried before R. B. Galusha, Esq., as referee. On the trial defendant offered to show that, Gifford & Averill, a partnership engaged in cutting timber, had…
1Opinion of the CourtGileillan, C. J.
The defendant, by an instrument in writing, sold and delivered certain logs to plaintiff. In the instrument was a covenant on his part “to warrant and defend the title to all of said, logs against the lawful claims of any person or persons whomsoever." Afterwards the Lake Superior & Mississippi Bailroad Company, claiming to have been the owner of the logs at the time of such sale and delivery, brought an action against these plaintiffs for converting them, and recovered judgment against them therefor, whereupon they brought this action for breach of the covenant. The action appears to have…
2Cases cited2 opinions
- Paul v. WitmanSupreme Court of Pennsylvania · 1842
- Allis v. NiningerSupreme Court of Minnesota · 1879
3Cited by5 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Reed v. McGregorSupreme Court of Minnesota · 1895
- Great Northern Railway Co. v. AkeleySupreme Court of Minnesota · 1903
- Walton v. CampbellNebraska Supreme Court · 1897
- Mackey v. FisherSupreme Court of Minnesota · 1887