Legal Opinion

Globe Milling Co. v. Minneapolis Elevator Co.

Supreme Court of Minnesota

Decided July 21, 1890PublishedCited by 20 opinions

Appeal by plaintiff from a judgment of the district court for Hen-nepin county, where the action was tried by Hooker, J., (a jury being waived,) and a dismissal ordered at the close of the evidence for plaintiff.

1Opinion of the CourtGiljtllan, C. J.

Action for _ the conversion of, 500 bushels of wheat. At the trial, after the plaintiff rested, the court dismissed the action. August 28, 1888, defendant contracted to sell and deliver to D. C. Moak & Co. four car-loads No. 1 hard wheat, the specific wheat not then being ascertained; but it was to be delivered in the future out of the mass of wheat in the defendant’s elevator. August 31st, Moak & Co. contracted to sell and deliver to Griffiths, *154Marshall & Co. five car-loads of similar wheat, no specific wheat being ascertained; and on the same day the latter firm contracted to sell and…

2Cases cited10 opinions

  1. Barnard v. KelloggSupreme Court of the United States · 1871
  2. Brown v. FosterMassachusetts Supreme Judicial Court · 1873
  3. Cochran v. StewartSupreme Court of Minnesota · 1875
  4. Paine v. SmithSupreme Court of Minnesota · 1885
  5. Robinson v. Marine Insurance Co.New York Supreme Court · 1807

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3Cited by20 opinions

  1. Valley Stockyards Company v. KinselTexas Supreme Court · 1963
  2. Marx v. United StatesCourt of Appeals for the Eighth Circuit · 1936
  3. Fairly v. Wappoo MillsSupreme Court of South Carolina · 1895
  4. Linn v. ReidWashington Supreme Court · 1921
  5. First Nat. Bank of Byars v. Griffin GriffinSupreme Court of Oklahoma · 1911

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