The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-12-09
From Wells County

spondent. -.
From Wells County
First National Bank of Harvey,
corporation, Plaintiff and Rcspond
ent, VS.. Woodwork Elevator com
pany.A corporation, Defendant an,
Appellant.
SYLLABUS:
/. For reasons stated in the opin
ION, it is hold that the evidence SUP
ports the findings Of the trial cour
on the questions Of identification, tn.
value of. and the demand for, thu
wheat alleged to have been convert
ed by the defendant. ...- ~
Where the owner of thrcsh.
ing claim, secured by valid thresh.
ers lien, makes demand upon q
person to whom the grain covered by
the lien has been delivered, and the
demand is refused, and thereaf ter
assigns the claim and the lien. the
assignee may elect to proceed against
the person to whom the grain was
delivered in conversion, and no new
demand need be made by the as.
slgnee. A refusal to deliver the
) grain, in such circumstances, to any
!. person who has the right to demand
1T Is evidence of conversion and NAV
be proved by one who subsequently
becomes an assignee Of all the rights
and interest Of the owner of the
claim secured by the lien.
s. Where cause Of action in
conversion is tried on the theory that
the measure Of damages is the mar
ket price at the time of demand and
there is no suggestion made in the
trial court that the proper measure
OF damages, under the pleadings, is
the highest market price intervening
the conversion and the verdict, a
Judgment based upon the market val
ue on the date Of the demand will
not be disturbed on appeal.
Appeal from the district court of
Wells County, Hon. II. l.. Berry, ].
Opinion of the court by Johnson, J.
AFFIRMED.
Libby e. Harris, Grand Forks, N.
d., Attorneys for Appellant.
Alloys Wartner. Harvey, N. d., At
torney for Respondent.
From Wells County
In the Matter of the Application
Of Frank Pfann for Writ Of Habcas
Corpus.
State of North Dakota, cx rel.
Frank Pfann, Petitioner, VS.. Geo. f..
kunkel. Sheriff of Wells County,
North Dakota, Respondent. -
SYLLABUS:
Where a sentence of ninety days
in Jail. imposed on one who has
pleaded guilty to the charge of main
| tanning Il liquor nuisance, is immcdi-
ately suspended for Il period exceed
ing ninety days and the offender is
permitted to remain at 'large,, the
court may, after the period Of, the
sentence has expired, require him to
serve the full term and an applica-
ton for a writ Of habeas corpus, on
the ground that the sentence has ex-
pircd, should be denied; following
the decisions Of this court in-In re-
Hart, 20 N. u. 80: 1I9 N. W. 5Gs; !
and in Elk parte Harric, 1877 N. W. |
lao. ,. .,,lI - >
Petition for original writ of ha-
beas corpus.
From Wells County. North Dakota.
Petition for writ denied by Cotfey,
District Judge. -, -"
Opinion of the court by Johnson, J.
PETITION DENIED.
NJ. f. Mathaei,, Fesscnden, North
Dakota, Attorney for the Petitioner.
j. j. Youngblood, States Attor-
ney, Fesscnden, North Dakota, At
torney for the State. !
From Sheridan County
Mathew Michelsen, Plaintiff and
Respondent, US. North American Ma.
tional Insurance company. a corpor.
alton, Defendant and Appellant, and
l.. 4. Baird, us receiver Of the Farm
crs' State Bank of Regain, and War
Finance Corporation, Il corporation.
Defendants and Respondents.
so
~ Where the cashier of a bank
is also the agent of an insurance
company, and where, acting as such
agent, he transmits to the company
an application for insurance upon
certain buildings, requesting the in
scrtion Of loss payable clause lin
favor of the bank, mortga9ee of
the buildings, he thereby transmits
an application for a policy of insur-
ance other than for himself, and is
agent for the insurance company "to
all intents and PURPOSES" by virtue
Of Section 1859 Of the Compiled Laws [,
for 1918.
ca An insurance company is .
bound by the knowledge of its agent
as to the interest Of the applicant ;
IN the property insured and in the {
real propcr ty upon which the same [,
is situated. =:
90 Where an insurance COMPANY. II
acting either with actual or imputed t
that the interest Of the | j
applicant in the real property. unon Ii
which the insured buildings arc Sit lc
latcd, is other than u title in fee ! i
simple, issues u policy containing the d
provision that the same shall be void I I
# the subject Of the insurance be a
building ON ground not owned by is
he insured in fec simple, it valves !;
he effect Of such provision. 8 II
az The evidence. is held sufficient
% support the Judgment. Us
Appeal from the District Court of \
US, Judge. :
AFFIRMED. q
Opinion Of the Court BY Birdzeli, J. +
Lawrence, Murphy & Miles, Fargo. t
'. Oak, Attorneys for Appellant. q
George Thorn, Jr.,< N. Oak, Attor- a
icy for Respondent Michelsen..: In
Zugcr. & Tillotson, Bismarck, N.
Oak, Attorneys. for Respondents .
saird, as Receiver, and War Finance
corporation. 95. T.,
. TIOW N0uSOm SOontyt =
Farmers State Bank Of Buttzvillc, al
'iaintiff and Respondent; vs.. Gladys
'artley, ct al, Respondent and Appel
ant. - 80 -
.s,. ~ Is '1a
/. Constituting Sections :,S72lr and az
726, c. L. 1913, it is held. that IAN L
rider of the county court setting s
part to the surviving widow prop
rty claimed as q homestead, is not ia
Old for want spf jurisdiction j, to n,
lake It, notwithstanding the ;ap- di
raisers filed an appraisement and d.