Thurston v. Osborne-McMillan Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Barnes county; Glaspell, J. Action by Andrew Thurston against the Osborne-McMillan Elevator Company. Judgment for plaintiff. Defendant appeals. To recover upon a seed lien, the plaintiff must show that the grain alleged to have been converted was grown by the person to whom 'he sold the seed, and upon the land described in his alleged seed lien.
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Appeal from District Court, Barnes county; Glaspell, J. Action by Andrew Thurston against the Osborne-McMillan Elevator Company. Judgment for plaintiff. Defendant appeals. To recover upon a seed lien, the plaintiff must show that the grain alleged to have been converted was grown by the person to whom 'he sold the seed, and upon the land described in his alleged seed lien. Joslyn v. Smith, 2 N. D. 53, 49 N. W. 382; Martin v. Hawthorne, 3 N. D'. 412, 57 N. W. 87. To admit prejudicial evidence with the understanding that it is to be stricken out unless the party offering it produces evidence…
1Opinion of the CourtEngerud, J.
Plaintiff seeks by this action to recover from the defendant elevator company damages for the alleged conversion of a quantity of wheat upon which the plaintiff claims a seed lien and four chattel mortgages. The answer of the defendant is a general denial, and also specifically denies that the plaintiff ever acquired any lien upon the grain in question, and further specifically denies that it converted the grain in question, or deprived the plaintiff thereof. The trial of the issues resulted in a verdict in favor of -the plaintiff for the sum of $272.30. A motion for a new trial having beeni…
2Cases cited2 opinions
- Olson v. O'ConnorNorth Dakota Supreme Court · 1900
- Omlie v. Farmers' State BankNorth Dakota Supreme Court · 1899
3Cited by3 opinions
- Metropolitan Federal Savings & Loan Ass'n v. AdamsCourt of Appeals of Minnesota · 1984
- Western Surety Co. v. WalterSouth Dakota Supreme Court · 1921
- Clark v. Northern Pacific Railway Co.North Dakota Supreme Court · 1927