Hogan v. Atlantic Elevator Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stearns county, Searle, J., denying a motion for a new trial after a verdict in favor of plaintiff for $206.90. Appellant’s sixth assignment of error, referred to in the opinion, was as follows: “The trial court erred in charging the jury as follows : ‘In this connection, however, I charge you that if you believe there was a settlement between the agent, representing the elevator company, and Mr. Wendtlant,…
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Appeal by defendant from an order of the district court for Stearns county, Searle, J., denying a motion for a new trial after a verdict in favor of plaintiff for $206.90. Appellant’s sixth assignment of error, referred to in the opinion, was as follows: “The trial court erred in charging the jury as follows : ‘In this connection, however, I charge you that if you believe there was a settlement between the agent, representing the elevator company, and Mr. Wendtlant, representing the mortgagor, for wheat that came from this land, if you believe that the elevator company settled with him for…
1Opinion of the CourtMitchell, J.
This was an action for the wrongful conversion of a quantity of wheat, of which the plaintiff alleged she was the owner and entitled to the possession. The basis of plaintiff’s claim to the-property was a chattel mortgage executed November 15, 1893, by one Wuttke to the Bank of Melrose, on “all the wheat, &c., which shall be *346sown, grown, raised, and harvested during the season of 1894 on sections No. 33 and 34, township 123, range 33,” to secure payment of a note for $175 and interest, due October, 1893. The mortgage was duly filed. On the trial the plaintiff introduced evidence for the…
2Cases cited5 opinions
- Ludlum v. RothschildSupreme Court of Minnesota · 1889
- Adams v. CastleSupreme Court of Minnesota · 1896
- Wright v. LarsonSupreme Court of Minnesota · 1892
- Close v. HodgesSupreme Court of Minnesota · 1890
- Gillilan v. Kendall & SmithNebraska Supreme Court · 1889
3Cited by17 opinions
- Mason City Production Credit Ass'n v. Sig Ellingson & Co.Supreme Court of Minnesota · 1939
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Leitch v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
- Partridge v. Minnesota & Dakota Elevator Co.Supreme Court of Minnesota · 1899
- Brandenburg v. Northwestern Jobbers Credit BureauSupreme Court of Minnesota · 1915
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