Sencerbox v. McGrade
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OR SCOTT COUNTY. Points and Authorities of Plaintiff in Error. • I. The bill of sale and receipt of purchase money, a copy of which appears in the case, (see folios 14, 15,) is not such a written contract as cannot be varied by parol, even had the action been between the parties to the bill or receipt. II.
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ERROR TO THE DISTRICT COURT OR SCOTT COUNTY. Points and Authorities of Plaintiff in Error. • I. The bill of sale and receipt of purchase money, a copy of which appears in the case, (see folios 14, 15,) is not such a written contract as cannot be varied by parol, even had the action been between the parties to the bill or receipt. II. There is no rule of law which will preclude a party from showing the fact of ownership, of property as against a wrong doer, by parol or other evidence. III. The sale of the furs to Sencerbox, and payment of the purchase money, and the notice of that fact to…
1Opinion of the Court
*488By the Court —
Atwateb, J.
— The Plaintiff in Error brought suit to recover the value of certain furs, of wbicb he claimed to be owner on the 3d day of May, 1861, alleging the same to have been wrongfully taken by the Defendant, and converted to his own use. The answer denied the ownership of the Plaintiff, alleging the property belonged to one Burdick, and justified the taking under an execution against Burdick. A jury trial was waived, and the cause tried by the Court, and judgment rendered for the Defendant. The Plaintiff’ brings the cause to this Court by writ of error.
No evidence was…
2Cases cited4 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Stone v. WoodNew York Supreme Court · 1827
- Delafield v. KinneyNew York Supreme Court · 1840
- Wells & Spring v. EvansNew York Supreme Court · 1838
3Cited by3 opinions
- National German American Bank v. LangNorth Dakota Supreme Court · 1891
- Streeter v. PoorSupreme Court of Kansas · 1868
- Goodwin v. GoodwinSupreme Court of New Hampshire · 1880