Fargo v. Cravens
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Claim and delivery. Plaintiffs appeal from a judgment fot defendant, and from an order denying their motion for a new trial. The facts are stated in the opinion. Both Bryon and Schlosser were special agents, if agents at all, vested with no discretion, but with authority simply to bear a particular message. Comp.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Claim and delivery. Plaintiffs appeal from a judgment fot defendant, and from an order denying their motion for a new trial. The facts are stated in the opinion. Both Bryon and Schlosser were special agents, if agents at all, vested with no discretion, but with authority simply to bear a particular message. Comp. Laws, § 3962; Mechem, Agency, §§ 6 and 288. See, also, Ellis v. Wait, 4 S. D. 460, 57 N. W. 232.
1Opinion of the CourtFuller, J.
A jury trial of this action in claim and delivery, to recover the immediate possession of two horses and a wagon, in aid of a chattel mortgage foreclosure, resulted in a judgment in favor of the defendant for a return of the property, valued at $215, together with $1662.50, as damages for the wrongful taking and detention thereof. From said judgment, and an order overruling a motion for a new trial, plaintiffs appeal.
The execution and delivery of the mortgage are admitted, but respondent claims, and the jury, under the court’s charge, found from the evidence introduced to sustain an amended…
2Cases cited6 opinions
- Underwood v. BirdsellMontana Supreme Court · 1886
- Harralson & Co. v. SteinSupreme Court of Alabama · 1874
- Furnas, Irish & Co. v. FrankmanNebraska Supreme Court · 1877
- Loomis, Conger & Co. v. SimpsonSupreme Court of Iowa · 1862
- Ellis v. WaitSouth Dakota Supreme Court · 1893
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