Clay, Robinson & Co. v. Larson
| Decision Date | 24 April 1914 |
| Docket Number | 18,449 - (37) |
| Citation | 146 N.W. 1095,125 Minn. 271 |
| Parties | CLAY, ROBINSON & COMPANY v. B. B. LARSON and Another |
| Court | Minnesota Supreme Court |
Action removed to the district court for Clay county to recover $4,288.82. The supplemental complaint of defendant First National Bank of Culbertson against its codefendants Larson and Armstrong set up the adjudication of ownership of the cattle bearing the V M brand in an action between plaintiffs herein and the defendants herein in the circuit court for the county of Cook, state of Illinois, a court of general jurisdiction, and the terms of the decree of that court alleged that the question of title and ownership of all the V M cattle had become res adjudicata, and that by such adjudication the title to the proceeds of the same had been adjudged to be vested in said bank. The case was tried before Taylor, J., who made findings and ordered judgment in favor of defendant Larson for the sum of $1,078.61, and in favor of defendant bank for the sum of $3,210.21. Defendant Larson's motion for amended findings was granted in part and denied in part. Defendant bank's motion for amended findings was denied. From an order denying his motion for a new trial, defendant Larson appealed. From an order denying its motion for a new trial, defendant bank appealed. Affirmed on both appeals.
Foreign judgment conclusive.
1. In an action tried in the circuit court of Cook county, Illinois, there was necessarily adjudicated between the contesting parties in this action the question whether advancements made by one litigating party under a bill of sale took precedence over a chattel mortgage of the other. It is held that the adjudication in the circuit court of Cook county is conclusive upon the same question involved in this action.
Estoppel by judgment.
2. It is the adjudication which determines the estoppel by judgment, or the estoppel by verdict, and not its correctness or the propriety of the method by which it is reached.
Confusion of property.
3. An owner of property which is intermingled and confused with similar property of another, without his fraud, and without his negligence, does not forfeit his property; and it is for the court to make a division of the property or its proceeds on such practicable basis as will likely result in giving to each his own.
F. H. Peterson, for defendant Larson.
Christian G. Dosland, for defendant bank.
Pursuant to a petition in interpleader the plaintiff deposited the money in controversy in the German American Bank of Hastings, Minnesota, and was discharged from liability. The money amounted to $4,288.82 and was the proceeds of the sale of 182 head of cattle shipped to South St. Paul. The First National Bank of Culberston filed a complaint in intervention, to which B. B. Larson answered, and the issues were litigated between them. The court found that Larson was entitled to have $1,078.61, and the bank $3,210.21, of the money in controversy. Both parties appeal.
In April, 1902, B. B. Larson, and others, purchased a trainload of cattle and shipped them to Culbertson, Montana. Three hundred and ninety-two head were sold to Comer Armstrong, who gave Larson his note for $6,897 and a chattel mortgage upon the cattle purchased, and also upon 81 native cattle. The cattle were given a registered brand commonly known as the quarter circle V M brand.
In 1903 Larson and others purchased and shipped another trainload of cattle to Montana and sold 266 head to Armstrong for the sum of $5,477.70, and he gave a chattel mortgage upon the cattle purchased, and also upon all other cattle owned by him bearing the quarter circle V M brand. The note secured by the chattel mortgage finally became the property of the First National Bank of Culbertson. The mortgage of 1902 is concededly prior to the mortgage of 1903, for all the parties interested had knowledge of the earlier mortgage.
Because of the severity of the weather and for other reasons there was great loss among the cattle. In the spring of 1904 Armstrong was financially unable to feed or care for his stock. On May 17, 1904, he made a bill of sale of all his cattle and horses, and executed a lease of his ranch, to Larson, who agreed to furnish the money for the care of the stock, and to pay...
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