McKindley v. Citizens State Bank
North Dakota Supreme Court
Erom a judgment of the District Court of Bansom County, Alim, J., defendant appeais.- The action is one in conversion. The complaint proceeds upon no other theory, bnt expressly alleges the conversion of the instruments referred to, to the use and benefit of defendant.
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Erom a judgment of the District Court of Bansom County, Alim, J., defendant appeais.- The action is one in conversion. The complaint proceeds upon no other theory, bnt expressly alleges the conversion of the instruments referred to, to the use and benefit of defendant. This is not an action as for a breach of an original contract, and while the forms of action have been largely abolished, the rules of evidence and the measure of damages are very different in the two classes of cases. Phelps, D. & P. Co. v. Halsell, 11 Okla. 1, 65 Pac. 340. The prayer for relief was for a conversion, and the…
1Opinion of the CourtChristianson, J.
The plaintiff McKindley is the owner of a judgment against Frederick Milling Company and A. EE. White, rendered August 7, 1911, in Hennepin county, Minnesota, for $6,384. As collateral to the indebtedness merged in the judgment, plaintiff held two executory contracts for the purchase of certain lands in Nebraska, •executed by the Union Pacific Railway Company to one Swallow, and transferred to the plaintiff McKindley from a subsequent assignee by an assignment in blank. McKindley subsequently instituted suit upon this judgment in the district court of La Moure county in this state, and such…
2Cases cited1 opinion
- Patterson v. PlummerNorth Dakota Supreme Court · 1901