Johnson v. Dun
Supreme Court of Minnesota
Action for conversion in the district court for Hennepin county. The cause was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiffs for $8,297.65. From an order denying a motion for a new trial, defendants appealed. Defendants, being innocent of wrong, are liable only for plaintiffs’ pecuniary loss immediately resulting from the wrongful acts of the subagent. Hoover v. Wise, 91 U. S. 308, 311; Allen v. Merchants, 22 Wend. 215, 34 Am.
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Action for conversion in the district court for Hennepin county. The cause was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiffs for $8,297.65. From an order denying a motion for a new trial, defendants appealed. Defendants, being innocent of wrong, are liable only for plaintiffs’ pecuniary loss immediately resulting from the wrongful acts of the subagent. Hoover v. Wise, 91 U. S. 308, 311; Allen v. Merchants, 22 Wend. 215, 34 Am. Dec. 289, and cases cited in note; Borup v. Mninger, 5 Minn. 417 (523); First National v. Fourth National, 77 N. Y. 320; Story,…
1Opinion of the Court
START, O. J.
On October 1, 1891, the firm of Dunham & Johnson, consisting of John Dunham and the plaintiff John C. Johnson, delivered to the defendants, R. G. Dun & Co., a mercantile agency, having a collection department, promissory notes, made by J. E. Boyd, of the aggregate face amount of $5,150 for collection. The defendant sent the notes to Lyman S. Burr, an attorney at law at New Britain, Connecticut, who on September 26, 1892, commenced an action against Boyd in the state of Connecticut on the notes, “factorizing” Chisholm, Boyd & White, the company of which Boyd was a member. Thereupon…
2Cases cited8 opinions
- Gardner v. DonnellyCalifornia Supreme Court · 1890
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Smith v. FargoCalifornia Supreme Court · 1881
- Streissguth v. National German-American BankSupreme Court of Minnesota · 1890
- Central Mills Co. v. StewartMassachusetts Supreme Judicial Court · 1882
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3Cited by7 opinions
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- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1912
- Hommerberg v. State Bank of SlaytonSupreme Court of Minnesota · 1927
- Semingson v. Stock Yards National BankSupreme Court of Minnesota · 1925
- First State Bank v. C. E. Stevens Land Co.Supreme Court of Minnesota · 1913
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