Legal Opinion

Markely v. First Guaranty Bank

North Dakota Supreme Court

Decided October 31, 1925Published

1Opinion of the Court

Cooley, District Judge.

This is an action for conversion. The defendant interposed a demurrer specifying as grounds therefor, “That the complaint does not state facts sufficient to constitute a cause of action.” The specific objection made by counsel for defendant in his brief and argument is, that the allegations of the complaint are insufficient to show that the plaintiff, at the time of the alleged conversion, was entitled to the possession of the property alleged to have been converted. In such an action it is, of course, essential that plaintiff should allege and upon the trial prove some…

2Cases cited2 opinions

  1. State ex rel. Hughes v. MilhollanNorth Dakota Supreme Court · 1923
  2. Hellstrom v. First Guaranty BankNorth Dakota Supreme Court · 1923

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