Cochrane v. National Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Ramsey county; John F. Cowan, J. Action by Robert Cochrane against the National Elevator Company. Erom a judgment for plaintiff and an order denying a new trial, defendant appeals. Newspaper reports of market prices are not competent. Whelan v. Lynch, 60 N. Y. 469, 19 Am. Rep. 202; Nelson, Morris & Co. v. Columbian Iron Works & Dry Dock Co. 76 Md. 354, 17 L.R.A. 851, 25 Atl. 417; Texas & P. R. Co. v. Slator (Tex. Civ.
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Appeal from District Court, Ramsey county; John F. Cowan, J. Action by Robert Cochrane against the National Elevator Company. Erom a judgment for plaintiff and an order denying a new trial, defendant appeals. Newspaper reports of market prices are not competent. Whelan v. Lynch, 60 N. Y. 469, 19 Am. Rep. 202; Nelson, Morris & Co. v. Columbian Iron Works & Dry Dock Co. 76 Md. 354, 17 L.R.A. 851, 25 Atl. 417; Texas & P. R. Co. v. Slator (Tex. Civ. App.) 102 S. W. 156. Appellant’s habit or system of doing business may be shown. Adams v. Coulliard, 102 Mass. 167; Wigmore, Ev. ¶¶ 92, 93, 375, et…
1Opinion of the CourtFisk, J.
Plaintiff sues to recover ■ for the alleged conversion by ■defendant of 84 bushels of flax, 265 bushels of No. 1 hard wheat, and 307 bushels of Durham wheat which he claims to have delivered to defendant at its elevator at Grand Harbor,-this state, between the 7th and the 11th days of July, 1907. The defense amounts to a general •denial with a counterclaim for a small sum for elevator charges for handling the grain. The trial resulted in a verdict in plaintiff’s favor for $615.80. A motion for a new trial was made and denied, and judgment entered on such verdict. The appeal is both from the…
2Cases cited3 opinions
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- University of Illinois v. SpaldingSupreme Court of New Hampshire · 1901
- Mississippi Lumber & Coal Co. v. KellySouth Dakota Supreme Court · 1905
3Cited by10 opinions
- Gravseth v. Farmers Union Oil Company of MinotNorth Dakota Supreme Court · 1961
- Montana-Dakota Utilities Co. v. AmannNorth Dakota Supreme Court · 1957
- State v. GummerNorth Dakota Supreme Court · 1924
- State v. GordonNorth Dakota Supreme Court · 1915
- Kuntz v. McQuadeNorth Dakota Supreme Court · 1959
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