St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-11-24
CULLINGS OF THE COURTS.
Decisions By juices on the Supreme
Bench.
DAMAGED BY A RAILROAD.
No Funds in Bank to Purchaser IS
Crsdit---Suits Tiled and IldiCt-
mems Found.

Judge Dickinson yesterday filed three
decisions in the supreme court.
John Brandt, appellant, VS.. E. r.
Shepherd ct al. respondents.
This appeal brings up for review the
proprety of the order of the court dis
missing the action at the close of the
plaintiffs casa. Defendants were
charged in the complaint as copartners.
the alleged cause of action being that
they, under authority from the plaintiff,
sold certain real estate belonging to
him and received $4,000 as the price
thereof. of which sum they had paid
over to the plaintiff only S..6iS. leaving
still in their hands S2.252, to recover
which this action was brought. Upon
tie trial of the cause, the plaintiff
tending to prove the copartnership;
that authority had been given to them
to sell the property. The court then
dismissed the action.
Syllabus-A complaint charged that
the defendants, as partners, had re-
ceived certain money. The separate
answer OF one of the defendants con-
tanned general denial. 1t also con-
tanned, in connection with allegations
! of certain transactions between him in
| dividually and the plaintiff. specific
| denial that "he'' had received such
money. This latter denial construed as
not modifying the effect of the general
| denial. An admission, in an answer of
a cause of action in favor of the plant
| iff. wholly different from that alleged
| in the complaint, does not entltle the
| plaintiff to recovery under such COM
plant.
Michael Pierro. appellant. VS.. The st.
Paul and Northern Pacific Railway
Company, RESPONDENT.
The cause of action here asserted Is
trespass upon and injury to strip of
land in BOttineau'S Second addition to
Minneapolis. The decision upon the
former appeal in this action is reported
is 81 Minn., 3l4. After new trial and
a verdict for the defendent the plaintiff
has appealed from an order refusing an
other new trial.
Syllabus-Former decision in this
case (37 Mimi, $40 followed, holding
that former recovery for use and 0c-
cupatlOn in an action to recover the pos
session of real property is bar to a
subsequent action for Injuries to the
estate during the same period OF Occu-
pancy. For single and completed
IrespasS upon and injury to an entire
tract of land several actions for dam
ages cannot be maintained. A recovery
OF damages in respect to part of the
land will bar q subsequent recovery in
respect to another part Of the tract,
the cause of action being entire. An
action commenced in the state district
court in respect to lands described in
the complaint as being in BOttineau'S
fn &c WOO raf tn,
the circuit court of the United States.
The certified complaint in that court
described the lands as being in Bot
tineu'S addition to Minneapolis. The
record in the latter court held prima
facie as applicable to the land in ques-
ton in BOttineau'S addition.
Levi H. Griffin, respondent, VS.. Chris
tan Bristle. appellant.
Action to recover for the alleged con-
version of wheat which the plaintiff
caused to he delivered to the defendant
at Carver. in this state. The claim of
the plaintiff is that the defendant re-
ceived the wheat simply for storage in
warehouse at Carver. Claim of the
defendant is that he was conducting the
warehouse as the agent of Ehle 81 Co,
of Minneapolis, and that this was
known to the plaintiff. Ehle Sc Co.
have since become inSolvent. Ship
ment of the wheat to Ehle Il Co. is re-
lied upon by the plaintiff as a CONVEX
sion OF the property.
Syllabus-A disposition of property
consented to by the owner is not con-
version of it. Hearsay evidence is not
admissible. A written instrument.
upon its face importing complete con-
tract, signed by or OH behalf of one party
INIT hot 4I,,
no other signature is contemplated, the
same being accepted and acted upon as
contract by the other party, is to be
regarded as expressing and constitut-
ing the contract of the parties.
DISTRICT COURT DIGEST.
j. W. Lehman q Bro. have filed suit
against Thomas Morrisey to recover Oh
promissOry note OF S12l.25. Also
against James A. Nolan for $1,000, due
on notes.
Edward T. Schumacher. assignee of
Benjamin Bank, insolvent, has com
menced an action against Matheny,
Haynie & Go. for the immediate posses
sion, or the recovery of their value,
S204, of certain wares and merchandise
which insolvent delivered to defendant
prior to and in anticipation of his as
signment.
l.. Lowenstein & Co. have sued Theo-
dore Rees to recover the sum of S., 1852
for goods sold and delivered. The first
purchase amounted to S625.l 10. and when
Reese gave his check for the amount,
plaintiff, upon presenting it at the First
National bank, Saltwater, found no
funds to defendants credit. In the
meantime defendant purchased goods to
the amount of the balance of his III
debtedneSS.
Silverman & Opper have filed suit
against Theo ReeS for $3.50. Goods
sold and delivered. In this case, Rees
also gave check for the amount Of his
purchase. but plaintiff, upon present
ing it at the bank, was refused payment,
there being no funds to defendants
credit.
E. Sephton & Co., against The st.
Paul Builders Supply company, to re-
cover damage to building, was argued
before Judge Kelly yesterday. The case
will be resumed this morning.
Judge Brill heard the case of Thomas
McDermott against Walter B. Butler,
ct al, action foreclosing mechanics
lien.
The following were arraigned yester-
day before Judge Kelly on indictments:
r. Edenberger, selling liquor without
license: plea OF not guilty.
William lgo, assault i'll the second
degree; pleaded not guilty.
r. S. Somers, larceny in the first de-
gree; pleaded guilty i'll the second de-
gree.
Wyandt VS.. The Minnesota & North
western railroad was resumed before
Judge Wilkin yesterday.
Judge Wilkln dismissed the case Of
Walter e. f. Oakcs against John
Rogers, Jr.
This afternoon at o'clock the final
setting OF court and jury cases for the
present term will be held before Judge