134 Minn. 349 | Minn. | 1916
The evidence in this case discloses the following facts:
One Armstrong was operating a cattle ranch in the state of Montana. He purchased certain cattle and horses from B. B. Larson, who was president of defendant bank, and, to secure the payment of the promissory notes given for the purchase price, executed to Larson a chattel mortgage upon the horses and cattle so purchased. Armstrong was also indebted to plaintiffs in a large sum for cattle purchased from them. The cattle and horses were so purchased to be turned out on the range and fattened and prepared for the market. The sale by Larson occurred in 1902, and the promissory notes given for the purchase price are described in the record as “6-E notes.” From 1902 to 1906, Armstrong suffered losses to his stock from the elements and for lack of range feed during the winter seasons, and Larson advanced and loaned to him money to supply necessary hay, grain and other feed. At the time involved in this action he was indebted to Larson on this account in a large amount, for which promissory notes were also given, and are referred to in the record as “running expense notes.” In August, 1906, Armstrong sold to one Nacey some of the horses which were covered by the Larson mortgage for the agreed
The evidence tending to support the contention of the respective parties presented an issue of fact and was properly submitted to the jury. The court charged the jury that if they found the claim of plaintiffs to be true, and that the cheek by agreement of the parties was deposited with Bruegger, to be held by him for a reasonable time to permit-Larson to make known what amount was due him on the mortgage notes, and that Larson failed to make known his claim within a reasonable time, a verdict should be returned for plaintiffs. Put if they found that claim unfounded, and they believed the testimony of Larson, to the effect that in October, following the issuance of the check, the parties agreed that the money should be paid to Larson to be- applied on the mortgage debt of which the bank was informed, then that their verdict should be for the defendant. We are clear that the court was right in so instructing the jury. The evidence was flatly contradictory in substantially all material respects and the claims of the respective parties presented issues of fact; neither was entitled to a directed verdict. Plaintiffs’ claim was not conclusively shown. If the evidence presented by defendant be true, a question for the jury, there was an express appropriation of this fund to the payment of the Larson notes. It is not material that the agreement was not in writing. Hurley v. Bendel, 67 Minn. 41, 69 N. W. 477. The transaction, participated in by all the parties in interest, with notice to ■ and acquiescence of the bank, amounted to an equitable assignment of the. fund, vesting in Larson a present perfect title to the money. Second Nat. Bank of Grand Forks v. Sproat, 55 Minn. 14, 56 N. W. 254; Hutchins v. Watts, 35 Vt. 360; McIntyre v. Hauser, 131 Cal. 11, 63 Pac. 69; 4 Cyc. 43. It follows, therefore, that there was no error in refusing plaintiffs’ request for a directed verdict.
What has been said covers the case on the merits and leads to an affirmance. We discover no error in the instructions of the court, the evidence supports the verdict, and the order appealed from must be and is affirmed.
Order affirmed.