Legal Opinion

Grady v. Schweinler

North Dakota Supreme Court

Decided November 13, 1907PublishedCited by 16 opinions

Appeal from District Court, Barnes county; Winchester, Special' Judge. Action by A. H. Grady against Con Schweinler. Judgment for defendant, and plaintiff appeals. A bailee may enlarge his legal responsibility by contract, express or implied. Butler v. Green, 68 N. W. 496; Lance v. Griner, 53 Pa.

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Appeal from District Court, Barnes county; Winchester, Special' Judge. Action by A. H. Grady against Con Schweinler. Judgment for defendant, and plaintiff appeals. A bailee may enlarge his legal responsibility by contract, express or implied. Butler v. Green, 68 N. W. 496; Lance v. Griner, 53 Pa. St. 204; Sturm v. Baker, 150 U. S. 329, 14 L. Ed. 99; Rohrabacher v. Ware, 37 Iowa, 85; Harris v. Howard, 56 Vt. 695;. Reinstein v. Watts, 84 Me. 139; Austin v. Miller, 74 N. C. 274; Van Tall v. Southeastern R. Co., 12 C. B. N. S. 75; Walker v. York, etc., R. Co., 2 C. L. R. 237; Sweitzer et al. v.…

1Opinion of the CourtMorgan, C. J.

Plaintiff brings an action for damages against the defendant for the value of a stallion delivered by him to the defendant on a contract of bailment. The stallion was delivered to the defendant for serving his mares for the agreed sum of $5 a foaj. The complaint alleges plaintiff’s ownership of the stallion, the value thereof, his delivery to the defendant under an express contract that defendant would return him to the plaintiff, and, in case that he should be unable to return him, then defendant would pay plaintiff the value of said stallion, and that plaintiff demanded his return to him or…

2Cases cited10 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Steele v. BuckIllinois Supreme Court · 1871
  3. Standard Brewery v. Bemis & Curtis Malting Co.Illinois Supreme Court · 1898
  4. Butler v. GreeneNebraska Supreme Court · 1896
  5. Harvey v. MurrayMassachusetts Supreme Judicial Court · 1884

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3Cited by16 opinions

  1. Munger Automobile Co. v. American Lloyds of DallasCourt of Appeals of Texas · 1924
  2. Sumsion v. Streator-Smith, Inc.Utah Supreme Court · 1943
  3. Mellon Nat. Bank v. Citizens Bank & Trust Co. of CamdenCourt of Appeals for the Eighth Circuit · 1937
  4. Johnston v. MillerMichigan Supreme Court · 1950
  5. Thornton v. Athens Nat. BankCourt of Appeals of Texas · 1923

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