Gardner v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,253.60 for the conversion of a quantity of railway ties. The answer alleged that defendant was the owner of the ties mentioned in the complaint, denied that they were of the value of $1,253.60, and alleged that they were worth $997.68. The reply was a general denial.
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Action in the district court for St. Louis county to recover $1,253.60 for the conversion of a quantity of railway ties. The answer alleged that defendant was the owner of the ties mentioned in the complaint, denied that they were of the value of $1,253.60, and alleged that they were worth $997.68. The reply was a general denial. The case was tried before Cant, L, who when plaintiff rested denied defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $1,-569.18. From an order denying defendant’s motion for judgment notwithstanding…
1Opinion of the CourtHolt, J.
The action is one for conversion of certain railway ties. Plaintiff had a verdict, and the defendant appeals from an order denying its *277motion for judgment notwithstanding the verdict, and also- denying its motion for a new trial.
The plaintiff derives his title to the cause of action indirectly from the firm of Ross & Ross, who claim that they bought the ties from one J. W. Chisholm, prior to the time that the defendant purchased the ties from the same person. Therefore the sole question is: Did the title pass from Chisholm, the owner, to Ross & Ross, by the transaction had between these…
2Cases cited9 opinions
- Joyce v. . AdamsNew York Court of Appeals · 1853
- Day v. GravelSupreme Court of Minnesota · 1898
- Franklin v. WardenSupreme Court of Minnesota · 1864
- Restad v. EngemoenSupreme Court of Minnesota · 1896
- Fredette v. ThomasSupreme Court of Minnesota · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- State v. H. J. Minar Co.Supreme Court of Minnesota · 1957
- State v. H. J. Minar Co.Supreme Court of Minnesota · 1957