Gardner v. Minea
Supreme Court of Minnesota
Action for maliciously taking from plaintiffs possession household furniture and provisions belonging to her, and of which the defendants claimed to be mortgagees under a chattel mortgage made by her husband, from whom she was separated, for a past-due debt of his own of $50 to the defendants.
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Action for maliciously taking from plaintiffs possession household furniture and provisions belonging to her, and of which the defendants claimed to be mortgagees under a chattel mortgage made by her husband, from whom she was separated, for a past-due debt of his own of $50 to the defendants. At the trial in the district court for Eamsey county, before Kelly, J., the plaintiff had a verdict of $1,600. A motion for a new trial was denied on plaintiff’s consenting that the verdict be reduced to $1,000. In support of the motion, one ground of which was alleged misconduct of the jury, and…
1Opinion of the CourtGileillan, C. J.
If the jury believed the testimony of the plaintiff, it justified the conclusions, not only that the defendants caused her property to be taken, but also that they did it with full notice that she, and not W. S. Gardner, from whom they had taken a mortgage upon it, owned it, — did it without any show or pretence of right. It justified the conclusion that their taking was malicious, and in wanton disregard of her rights. It is true, each of the defendants directly contradicted her testimony so far as it tended to show that they caused the taking; but this merely made a question on the…
2Cases cited2 opinions
- State v. GutSupreme Court of Minnesota · 1868
- Groh v. BassettSupreme Court of Minnesota · 1862
3Cited by4 opinions
- State v. MarchandSupreme Court of Louisiana · 1978
- Berg v. St. Paul City Railway Co.Supreme Court of Minnesota · 1905
- Matteson v. MunroSupreme Court of Minnesota · 1900
- Lewis v. Minneapolis Investment Co.Supreme Court of Minnesota · 1922