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Teigen v. Minnekota Elevatop Co.

Supreme Court of North Dakota
Jul 21, 1924
200 N.W. 41 (N.D. 1924)

Opinion

Opinion filed July 21, 1924.

In District Court, Ward County, Moellring, J.

Action for the conversion of grain. Plaintiff has appealed from an order granting a new trial and defendant from an order denying judgment notwithstanding the verdict.

Reversed.

Palda Aaker, for appellant.

F.B. Lambert, for respondent.


The same chattel mortgage is involved in this case that was considered and determined in Teigen v. Occident Elevator Co. ante, 563, 200 N.W. 38. Plaintiff's right of recovery in this case is wholly dependent upon the validity of such chattel mortgage; hence, following Teigen v. Occident Elevator Company and the determination made in that case concerning the validity of the chattel mortgage involved herein, the trial court should have ordered judgment notwithstanding the verdict in defendant's favor. It is accordingly ordered that the cause be remanded for appropriate proceedings consonant with this opinion.

BRONSON, Ch. J., and NUESSLE and JOHNSON, JJ., concur.

BIRDZELL and CHRISTIANSON, JJ., dissent.


Summaries of

Teigen v. Minnekota Elevatop Co.

Supreme Court of North Dakota
Jul 21, 1924
200 N.W. 41 (N.D. 1924)
Case details for

Teigen v. Minnekota Elevatop Co.

Case Details

Full title:MARTIN TEIGEN, Respondent, v. MINNEKOTA ELEVATOP COMPANY, a Corporation…

Court:Supreme Court of North Dakota

Date published: Jul 21, 1924

Citations

200 N.W. 41 (N.D. 1924)
200 N.W. 41