Halverson v. Lasell
North Dakota Supreme Court
From a judgment of the County Court of La Moure County, Lynch,, J., defendant appeals. In conversion, if the act which deprived plaintiff of his goods was authorized by him, or was performed for his benefit or for the benefit of some third person, or was otherwise lawful on defendant’s part, he cannot be held liable in trover without proof of an intent to convert the property to his own use.
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From a judgment of the County Court of La Moure County, Lynch,, J., defendant appeals. In conversion, if the act which deprived plaintiff of his goods was authorized by him, or was performed for his benefit or for the benefit of some third person, or was otherwise lawful on defendant’s part, he cannot be held liable in trover without proof of an intent to convert the property to his own use. To constitute conversion there must be a positive tortious act. 38 Cyc. 2005, 2010; 8 Wait, Act. & Def. 1194; Bolling v. Kirby, 90 Ala. 215, 24 Am. St. Rep. 789, 7 So. 914; Terry v. Birmingham Nat. Bank,…
1Opinion of the CourtChristianson, J.
In the year 1908, plaintiff entered into an arrangement with the defendant, whereby plaintiff was permitted to construct a dwelling house upon a plot of ground within the city of La Moure, owned by the defendant. Plaintiff thereafter constructed *616the house aud occupied the same as a dwelling until in the fall of 1910, when he removed to Morton county in this state. Prior to plaintiff’s removal, some negotiations were had between him and one Mills for the sale of this house to Mills. A price was agreed upon, promissory notes were executed by Mills, and a bill of sale conveying title to the…
2Cases cited2 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
3Cited by9 opinions
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Reichert v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Fisher v. SukoNorth Dakota Supreme Court · 1961
- Huber v. ZeiszlerNorth Dakota Supreme Court · 1917
- Nevland v. NjustNorth Dakota Supreme Court · 1952
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