McLeod v. Capehart
Supreme Court of Minnesota
Appeal by plaintiff Archibald D. McLeod from an order of the District Court of Ramsey county, Kelly, J., made September 18, 1891, granting defendant a new trial unless plaintiff consent to reduce his recovery to $675. John B. Baker owned certain furniture, bedding, crockery, and other property in use in the Clifton Hotel, St. Paul, and on October 23, 1889, made an assignment of all his unexempt property to plaintiff in trust for the benefit of his creditors.
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Appeal by plaintiff Archibald D. McLeod from an order of the District Court of Ramsey county, Kelly, J., made September 18, 1891, granting defendant a new trial unless plaintiff consent to reduce his recovery to $675. John B. Baker owned certain furniture, bedding, crockery, and other property in use in the Clifton Hotel, St. Paul, and on October 23, 1889, made an assignment of all his unexempt property to plaintiff in trust for the benefit of his creditors. Augustus R. Capehart, the defendant, owned the hotel, and the assignee surrendered possession of it to him and leased to him this…
1Opinion of the CourtCollins, J.
Action of claim and delivery instituted to recover possession of certain hotel furniture and furnishings, originally and peace*103fully coming into defendant’s possession under the written agreement with plaintiff mentioned in the opinion filed in a former action between these parties brought to recover compensation for the use of the articles, by defendant, for several months. 49 Minn. 187, (51 N. W. Rep. 923.) A portion of the property claimed by plaintiff in his complaint was not recovered in these proceedings, and thereupon the case was referred, for the purpose of determining what articles…
2Cases cited4 opinions
- Sherman v. ClarkSupreme Court of Minnesota · 1877
- Berthold v. FoxSupreme Court of Minnesota · 1868
- McLeod v. CapehartSupreme Court of Minnesota · 1892
- Hays v. Franklin County Lumber Co.Nebraska Supreme Court · 1892
3Cited by4 opinions
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- First National Bank v. PerrineMontana Supreme Court · 1934
- Yakima Finance Corp. v. PerkinsWashington Supreme Court · 1931
- James v. WeiffenbachWashington Supreme Court · 1924