Latusek v. Davies
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $1,140 for conversion. The case was tried before Kingsley, J., and a jury, wbic.li rendered a verdict in favor of plaintiff and against defendant Davies for $866.80. From a judgment entered pursuant to the verdict, defendant Davies appealed.
1Opinion of the Court
COLLINS, J.1
In an action for conversion it is essential to prove a general or special property in the plaintiff, the right of possession at the time of the conversion, and that the defendant has converted it to his own use. The right to recover is then established. Hodge v. Eastern Ry. Co., 70 Minn. 193, 72 N. W. 1074. A mortgagor may *280maintain such an action against a mortgagee who has refused to restore possession of property which he has taken into his custody under and by virtue of a condition broken for the purpose of foreclosure and sale under a chattel mortgage, where redemption has…
2Cases cited1 opinion
- Hodge v. Eastern Railway Co.Supreme Court of Minnesota · 1897
3Cited by1 opinion
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908