La Rue v. St. Anthony & D. Elevator Co.
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by John S. La Rue against the St. Anthony & Dakota Elevator Company to recover the value of wheat mortgaged to plaintiff, and sold to defendant by the mortgagor. There was judgment for plaintiff, and defendant’s motion for a new trial being denied, it appeals. The facts are stated in the opinion. The plaintiff will be confined to compensation commensurate with the actual injury sustained. 3 Suth.
Read the full summary
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by John S. La Rue against the St. Anthony & Dakota Elevator Company to recover the value of wheat mortgaged to plaintiff, and sold to defendant by the mortgagor. There was judgment for plaintiff, and defendant’s motion for a new trial being denied, it appeals. The facts are stated in the opinion. The plaintiff will be confined to compensation commensurate with the actual injury sustained. 3 Suth. Dam. 527; G-illilan v. Kendall, 42 N. W. 281. The admissions of an agent cannot bind the principal, unless they are part…
1Opinion of the CourtCorson, J.
This was an action brought by the plaintiff, as mortgagee, to recover the value of certain wheat alleged to have been delivered by one Henry J. Dove, mortgagor, to and received by the defendant. It is alleged in the complaint that said Dove *639executed to the plaintiff a chattel mortgage, in which was included, among other personal property, all the wheat, grain, and other crops that should be raised on a certain quarter section of land, described in the mortgage, during the years of 1887, 1888, and 1889; that the mortgagor raised upon said land, during the year 1S87, 1,200 bushels of wheat,…
2Cases cited9 opinions
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
- Wendt v. Chicago, St. P., M. & O. Railway Co.South Dakota Supreme Court · 1893
- Gillespie v. First National Bank of KingfisherSupreme Court of Oklahoma · 1908
- First Nat. Bank v. Linn Co. BankOregon Supreme Court · 1897
- La Rue v. St. Anthony & Dakota Elevator Co.South Dakota Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.