National Bank of Commerce v. Chicago, Burlington & Northern Railroad
Supreme Court of Minnesota
These four actions were brought in the district court for Henne-pin county. The two first were tried together by Lochren, J., upon whose decision judgment was entered for plaintiff for $1,051 in the first case and for $1,318.53 in the second case, from which judgments’ the defendants respectively appeal. The two last cases were tried together before Hooker, J., and verdicts of $1,050.10 and $1,-345.01 directed for tbe respective plaintiffs.
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These four actions were brought in the district court for Henne-pin county. The two first were tried together by Lochren, J., upon whose decision judgment was entered for plaintiff for $1,051 in the first case and for $1,318.53 in the second case, from which judgments’ the defendants respectively appeal. The two last cases were tried together before Hooker, J., and verdicts of $1,050.10 and $1,-345.01 directed for tbe respective plaintiffs. The defendant appeals from an order in each case refusing a new trial.
1Opinion of the Court
Mitchell, J.1
All of these actions grew out of the same transaction, and involve the same state óf facts. They were all determined in the court below ppon the same point, viz., the delivery by the defendant elevator company, as vendor, to Moak & Co., as ven-dees, of certain wheat, the value of which is the subject of the actions. All four appeals may therefore for convenience be considered together.
The first and main question to be considered is whether there had been such a delivery of the wheat in question by the elevator company to Moak & Co. as to pass the title absolutely to the latter.…
2Cases cited22 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
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3Cited by72 opinions
- Christgau v. Woodlawn Cemetery Assn.Supreme Court of Minnesota · 1940
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- People's State Bank v. BrownSupreme Court of Kansas · 1909
- Young v. Harris-Cortner Co.Tennessee Supreme Court · 1924
- Anderson v. Commissioner of TaxationSupreme Court of Minnesota · 1958
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