Citizens' State Bank v. Sorlein
North Dakota Supreme Court
Appeal from the District Court of Stutsman County; Coffey, J. “Defendant cannot escape liability for a conversion on the ground that it resulted in no profit or benefit to him.” Plat v. Tuttle, 23 Conn. 233; McPheters v. Page, 83 Me. 234; 22 A. 101; 23 Am. St. Rep. 772; Flagg v. Mann, 9 Fed. Cas. N. 4; 843, 3 Sumn. 84; Bank v. Ransford, 55 Ind.
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Appeal from the District Court of Stutsman County; Coffey, J. “Defendant cannot escape liability for a conversion on the ground that it resulted in no profit or benefit to him.” Plat v. Tuttle, 23 Conn. 233; McPheters v. Page, 83 Me. 234; 22 A. 101; 23 Am. St. Rep. 772; Flagg v. Mann, 9 Fed. Cas. N. 4; 843, 3 Sumn. 84; Bank v. Ransford, 55 Ind. App. 663; 104 N. E. 604. Although pleadings in the pending case are sometimes formally offered admissions of the adversary, it is generally held that they may be referred to and commented upon by counsel without such offer. Abbott’s Trial Brief, Civil…
1Opinion of the CourtRobinson, J.
In August, 1919, defendant Sorlein made to the bank a promissory note for $2,1 i'5 and interest, and a chattel mortgage on an undivided half interest in crops to be grown in 1920 on W. and S. E. l/i oí 28 — 142—66. This land he cultivated under a cropping contract with Peter Norlid. Sorlein sowed, harvested, and threshed the crops. This action is to recover on the promissory note and to foreclose the chattel mortgage. Norlid is made a party defendant under an averment that he claims some interest in the crops. Norlid appeared and answered, claiming a lien on Sorlien’s share of the crops…
2Cases cited1 opinion
- Kukowski v. Emerson-Brantingham Implement Co.North Dakota Supreme Court · 1919