Heiszler v. Beddow
North Dakota Supreme Court
Appeal from the District Court of La Moure county; Goss, J. Action for the wrongful conversion of money. Verdict and judgment for the plaintiff. Defendant appeals. Defendant could show under his general denial that plaintiff never had a cause of action. Hogen v. Klabo, 13 N. D. 319, 100 N. W. 847; Phoenix Mut. L. Ins. Co. v. Walrath, 53 Wis. 669, 10 N. W. 151; Bliss, Code PI. § 327; 1 Enc.
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Appeal from the District Court of La Moure county; Goss, J. Action for the wrongful conversion of money. Verdict and judgment for the plaintiff. Defendant appeals. Defendant could show under his general denial that plaintiff never had a cause of action. Hogen v. Klabo, 13 N. D. 319, 100 N. W. 847; Phoenix Mut. L. Ins. Co. v. Walrath, 53 Wis. 669, 10 N. W. 151; Bliss, Code PI. § 327; 1 Enc. PI. & Pr. 817, 819; Sodini v. Gaber, 101 Minn. 155, 111 N. W. 962; 31 Oyc. 680, 681. The court, whether requested or not, should correctly and fully charge the jury on every point material to the decision…
1Opinion of the CourtBruce, J.
This action, when stripped of all confusing details, is an action for the conversion of the sum of $1,025, alleged by the plaintiff, Nettie Heiszler, to have been paid by her to one W. E. Beddow, deceased (the administratrix of whose estate is made a party defendant herein), for the purpose of being applied towards the payment of a certain mortgage note. The answer is in effect a general denial. The court instructed the jury that “the only issue to be decided is as. to whether the plaintiff, when she paid the said sum of $1,025 to the deceased, directed that it should be applied to the…
2Cases cited1 opinion
- Anderson Mercantile Co. v. AndersonNorth Dakota Supreme Court · 1911
3Cited by1 opinion
- Jamestown Gas Co. v. AhearnNorth Dakota Supreme Court · 1922