Legal Opinion

Tousley v. Board of Education

Supreme Court of Minnesota

Decided November 20, 1888PublishedCited by 8 opinions

Action for conversion of 16 cords of green maple wood of the value ■of $64. Appeal by defendant from an order of the district court for Le Sueur county, Echón, J., presiding, refusing a new trial.

1Opinion of the CourtCollins, J.

If the taking and conversion of the property mentioned in the complaint herein was with the knowledge and consent of plaintiff, it was not wrongful, nor can he recover its value in this form of .action, if at all. Freeman v. Etter, 21 Minn. 2. While plaintiff was a member of defendant board, it entered into a contract with one Miller, whereby he was to furnish for its use, at an agreed price per cord, a small quantity of wood, to be delivered at a designated point near the school-house. Several cords having been hauled to the place by Miller and the plaintiff’s son, and measured by a member…

2Cases cited2 opinions

  1. Moss v. PettingillSupreme Court of Minnesota · 1859
  2. Freeman v. EtterSupreme Court of Minnesota · 1874

3Cited by8 opinions

  1. Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
  2. Mills v. Orcas Power & Light Co.Washington Supreme Court · 1960
  3. Steller v. ThomasSupreme Court of Minnesota · 1950
  4. Moffett v. ParkerSupreme Court of Minnesota · 1898
  5. Carlson v. SchochSupreme Court of Minnesota · 1918

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