Olsen v. Great N. Ry. Co.
| Decision Date | 08 February 1918 |
| Docket Number | No. 20723.,20723. |
| Citation | 166 N.W. 331,139 Minn. 316 |
| Parties | OLSEN v. GREAT NORTHERN RY. CO. et al. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Municipal Court of Minneapolis; W. W. Bardwell, Judge.
Replevin by Bjarne Olsen against the Great Northern Railway Company, in which the defendant interpleaded Elmer Rand and another. Judgment for defendant Rand and from an order refusing to amend the findings and denying his motion for a new trial, plaintiff appeals. Reversed.
Where the true owner of personal property allows another to appear as the owner of and as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, the owner thereof will be estopped from questioning the title of such innocent purchaser to such property. J. E. Brill and G. E. Bauers, both of Minneapolis, for appellant.
Walter Holsinger and Lew C. Church, both of Minneapolis, for respondent.
This is an action in replevin brought in the municipal court of Minneapolis against the defendant railway company to recover possession of a carload of potatoes on its track at the Minneapolis transfer. Subsequently, upon motion of the railway company stating that it had no interest in the property, and asking that Elmer Rand and the Gamble-Robinson Company be interpleaded and made parties defendant, an order to that effect was duly made. The case was tried to the court without a jury, which resulted in findings that the plaintiff was not the owner or entitled to the possession of the property, but that the defendant Rand was the owner and entitled to the possession thereof. From an order refusing to amend the findings and denying his motion for a new trial the plaintiff appealed.
In November, 1915, the defendant Rand was conducting a boarding stable in the city of Minneapolis and kept horses for hire. One Dusenbery had used Rand's teams in unloading and peddling potatoes. Gamble-Robinson Company were wholesalers in the vegetable line, and H. A. Hopkins was their manager. Dusenbery had entered into an arrangement with Rand whereby Rand had agreed to furnish the money with which to buy potatoes, and Dusenbery, using Rand's teams, was to peddle them. Thereafter, with Rand's knowledge, Dusenbery went to the office of the Gamble-Robinson Company and talked with Hopkins about buying a carload of potatoes. Hopkins gave him the number of several cars which they had on track at the transfer. After looking the potatoes over Dusenbery returned to the Gamble-Robinson Company's office and entered into an arrangement for the purchase of one car of potatoes at 42 cents per bushel, but when he came to settle for the same, he did not have the money. Hopkins refused to sell unless the potatoes were paid for, and Dusenbery asked him to hold the matter open until morning; that he had a party who had been putting up some money for him, and that he would come back with him. On the following morning, November 9, 1915, Rand, Dusenbery, and a tall man who was to help in handling the potatoes, went to the Gamble-Robinson Company's office. As they entered Dusenbery said to Mr. Hopkins that he was ready to settle for the potatoes, or words to that effect. Hopkins then had a delivery order prepared, and while the same was being made out Rand and Hopkins discussed the prospects of the potato market. Dusenbery had given Rand $50 in currency. Rand then paid Hopkins $50 in cash, and gave him a check for $285, the purchase price of the potatoes. Hopkins asked to whom he should give the delivery order, and in Rand's presence, Dusenbery said, ‘You had better give it to me.’ The parties then left the office, Dusenbery taking with him the order for delivery of the car of potatoes. Two days later the Gamble-Robinson Company delivered the bill of lading to the tall man who was to assist in handling the potatoes and who was present at the time the potatoes were paid for. On November 11th Dusenbery called upon defendant Olsen, and told him he had a car of nice potatoes on the team track of the Great Northern which he would like to sell. After examining the potatoes Olsen bought them from Dusenbery at 35 cents per bushel, Dusenbery delivering to Olsen the bill of lading with the delivery order. After looking at the bill of lading, Olsen called up the Gamble-Robinson company and inquired of Mr. Hopkins if it was a good car of potatoes. Olsen then stated to Dusenbery that he would give him a check the following morning in payment for...
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