80 N.W. 689 | N.D. | 1899
This action was tried to a jury. At the close of the case, on motion of plaintiff’s counsel, the Court below directed a verdict in favor of the plaintiff, and such verdict was returned accordingly. An exception was saved to such direction, and the same is assigned as error in this Court. It appears of record that the verdict was directed “on the ground and for the reason that all the evidence in the case shows a conversion by the defendant, the Farmers’ State Bank, of property of the plaintiff, the value of which was $246.” The record shows the following facts, which are undisputed: In the month of October, 1895, there was stored in a certain grain elevator situated at Crystal, N. D., and owned by the firm of O’Conner Bros. & Grandy, a quantity of No. 1 Northern wheat, to-wit: 965 bushels. Said wheat had been placed in said elevator by one Thomas O’Toole, and a storage ticket had been issued therefor, and delivered to O’Toole. At and prior to the delivery of the wheat at the elevator, and while the storage ticket was in O’Toole’s possession, O’Toole was indebted to the defendant
Counsel for respondent, in their brief filed in this Court, claim that the defendant and others converted the wheat itself by over-persuading and coercing O’Toole into selling the storage ticket representing the wheat, and that the defendant directly participated in