Kloos v. Gatz
Supreme Court of Minnesota
Action in the district court for Carver county to recover $1,000 for the conversion of certain wheat. The case was tried before Morrison, J., who granted a motion to dismiss the action upon the close of the testimony,- and a jury. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.
Action for the alleged conversion of six stacks of wheat by the defendant as sheriff of the county of Carver. The complaint alleged that the plaintiff was the owner of the wheat; that on August 22, 1904, the defendant, as sheriff, unlawfully levied upon it by virtue of an execution in a judgment in favor of Henry Baer against Louis C. Kloos, and thereby converted the same to his own use; that by reason of the levy the plaintiff was prevented from taking possession of the wheat and threshing it; and, further, that on September 22, 1904, the wheat was burned up without fault of the…
2Cases cited3 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- McDonald v. BayhaSupreme Court of Minnesota · 1904
- Leonard v. MaginnisSupreme Court of Minnesota · 1886
3Cited by3 opinions
- Bloomquist v. First National Bank of Elk RiverCourt of Appeals of Minnesota · 1985
- Martin v. SikesWashington Supreme Court · 1951
- Sheldon-Mather Timber Co. v. Itasca Lumber Co.Supreme Court of Minnesota · 1912