Ferguson v. Hogan
Supreme Court of Minnesota
This action was brought in the district court for Swift county, to recover possession of four horses, alleged to have been wrongfully taken from plaintiff, by defendant, together with damages for their detention.
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This action was brought in the district court for Swift county, to recover possession of four horses, alleged to have been wrongfully taken from plaintiff, by defendant, together with damages for their detention. The averment of damage is as follows: “And the plaintiff avers that, at the time of the taking of said horses, he had a contract for the cutting and harvesting of fifty acres of grain, at an agreed and stated price of five dollars per day, and the further contract for the stacking and threshing of the same, at five dollars per day; that it would have taken him twelve days to cut,…
1Opinion of the CourtBerry, J.
1. This is an action of claim and delivery, in which the plaintiff seeks to recover four horses, alleged to have been wrongfully taken and detained by defendant, or their value, together with damages for their detention. Upon the trial, plaintiff was permitted to prove (defendant objecting) the value of the use of the horses during the time of their detention. In an action of this kind, the value of the use of property during its wrongful detention may properly be shown and considered in the matter of damages. Sherman v. Clark, 24 Minn. 37; Yandle v. Kingsbury, 17 Kans. 195. But as damages,…
2Cases cited5 opinions
- Sherman v. ClarkSupreme Court of Minnesota · 1877
- Heywood v. HeywoodSupreme Judicial Court of Maine · 1856
- Yandle v. KingsburySupreme Court of Kansas · 1876
- Spencer v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1875
- Gray v. BullardSupreme Court of Minnesota · 1875
3Cited by11 opinions
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Moore v. NormanSupreme Court of Minnesota · 1890
- Reisan v. MottSupreme Court of Minnesota · 1889
- Thompson v. ScheidSupreme Court of Minnesota · 1888
- Qualy v. JohnsonSupreme Court of Minnesota · 1900
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