Legal Opinion

Houck v. Hubbard Milling Co.

Supreme Court of Minnesota

Decided May 17, 1918No. 20,740PublishedCited by 1 opinion

Action in the district eo"uxt for Bine Eartb county to recover $3,674.63. The facts are stated in the opinion. The answer, among other matters, alleged that defendant bought grain from plaintiff at the village of Good Thunder at the market price, and that the market price was fixed by taking the price of same at Minneapolis and deducting therefrom the freight charged thereon from Good Thunder to Minneapolis; that during the time the injunction mentioned in the second…

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Action in the district eo"uxt for Bine Eartb county to recover $3,674.63. The facts are stated in the opinion. The answer, among other matters, alleged that defendant bought grain from plaintiff at the village of Good Thunder at the market price, and that the market price was fixed by taking the price of same at Minneapolis and deducting therefrom the freight charged thereon from Good Thunder to Minneapolis; that during the time the injunction mentioned in the second paragraph of the opinion was in effect defendant was compelled to pay freight charges in excess of the legal rate and the…

1Opinion of the Court

Dibell, C.

This action was brought to recover the difference between the published freight rates and the maximum rates fixed by Laws 1907, p. 313, c. 232, on shipments of wheat from the plaintiff to the defendant during a period when the putting into effect of the statutory rates was enjoined. There was a verdict for the plaintiff. The defendant appeals from the order denying its alternative motion for judgment or a new trial.

1. The defendant operates a flour mill at Mankato some 85 miles southwesterly of Minneapolis. The plaintiff operates elevators at Good Thunder and Rapidan on the…

2Cases cited2 opinions

  1. The Minnesota Rate CasesSupreme Court of the United States · 1913
  2. Jennison Bros. v. DixonSupreme Court of Minnesota · 1916

3Cited by1 opinion

  1. Van Valkenburg Moss & Flaherty v. Buffalo National BankSupreme Court of Minnesota · 1975

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