Greene v. Dockendorf
Supreme Court of Minnesota
This action was brought in the District Court for Winona County to recover possession of certain railroad ties, alleged by plaintiff to be his property, and unlawfully detained from him by' defendants. Issue was joined, and the cause tried before the Court without a jury. The Court found for the plaintiff, and judgment was entered’ up in his favor against defendants for the value of the ties; from this judgment the defendants appeal to this Court.
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This action was brought in the District Court for Winona County to recover possession of certain railroad ties, alleged by plaintiff to be his property, and unlawfully detained from him by' defendants. Issue was joined, and the cause tried before the Court without a jury. The Court found for the plaintiff, and judgment was entered’ up in his favor against defendants for the value of the ties; from this judgment the defendants appeal to this Court. It appears' from the evidence on the part of the plaintiff that he had entered into an agreement with one N. C. Turner on the 11th day of…
1Opinion of the Court
JBy the Gow't
Berry J.—
I. —If Turner was the plaintiff’s agent, his declarations might be received as the declarations of the principal, if the agent was authorized to make them. But there was nd offer to show in this case that Greene had given Turner authority to hold himself out as the owner of the ties in question, or to represent that he had power to sell the same on his own account, or in behalf of his principal.
II. —The declarations of Turner might also be received as the declarations of his principal, Greene, although made without previous authority, if it were shown that they were…
2Cited by9 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- King Cattle Co. v. JosephSupreme Court of Minnesota · 1924
- De Vries v. Sig Ellingson & Co.District Court, D. Minnesota · 1951
- Baker v. TaylorSupreme Court of Minnesota · 1893
- Waddle v. OwenNebraska Supreme Court · 1895
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