Sandager v. Northern Pacific Elevator Co.
North Dakota Supreme Court
PPJ3AL from district court, Bansom county; Hon. W. S. Lauder, Judge. Action to recover price of wheat, alleged to have been converted by defendant. Judgment for plaintiff. Defendant appeals.
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PPJ3AL from district court, Bansom county; Hon. W. S. Lauder, Judge. Action to recover price of wheat, alleged to have been converted by defendant. Judgment for plaintiff. Defendant appeals. On the point that plaintiff did not allege facts to show that at the time of the commencement of the action plaintiff was entitled to the possession of the mortgaged property: Everett v. Buchanan, 2 Dak. 249, 268; Brewing Company v. Elevator Co., 5 Dak. 62; Nichols v. Barnes, 3 Dak. 148; Bank v. Elevator Co. 43 N. W. Rep. 806; Machine Co. v. Campbell, 13 Pac. Rep. 324; Campbell v. Quackenbush, 33 Mich.…
1Opinion of the Court
The opinion of the court was delivered by
Wallin, J.
This action is to recover the value of certain wheat, which the plaintiffs allege that the defendant has unlawfully converted. Plaintiffs base their right of recovery upon a certain chattel mortgage covering the wheat, a copy of which is annexed to the complaint, and made a part thereof. The complaint contains all necessary averments to show the plaintiffs’ right of recovery, and is in no respect criticised, except as to that part thereof which has reference to the rights of the mortgagees upon a default. The conditions of the mortgage are as…
2Cited by4 opinions
- Bidgood v. Monarch Elevator Co.North Dakota Supreme Court · 1900
- Whitney v. AkinNorth Dakota Supreme Court · 1910
- Donovan v. St. Anthony & Dakota Elevator Co.North Dakota Supreme Court · 1898
- Farmers Educational & Co-Operative Union Elevator Co. v. IronsNorth Dakota Supreme Court · 1934