Larson v. Slette

Decided April 24, 1914

Supreme Court of Minnesota · decided 1914-04-24

Action removed to the district court for Clay county to recover $10,000' for selling certain horses and cattle in the possession of plaintiff and withholding the proceeds of the sale from him. The case was tried before Taylor, J., who made findings and dismissed the action. Plaintiff’s motion for amended findings was denied. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Affirmed · Decided 1914-04-24

Dibell, C.

¶1The plaintiff appeals from an order denying his motion for a new trial.

¶2The complaint alleges that on May 17, 1904, the plaintiff was in the possession of some 410 head of horses and some 1500 head of cattle in Montana; that the defendants fraudulently conspired and confederated together, caused certain of the stock to be sold, and appropriated the proceeds, .and caused certain other of the stock to be driven from the state of Montana, and to be scattered and lost. Damages are demanded in the sum of $10,000.

¶3The case was tried to the court without a jury. The court found that the allegations of the complaint were not established. The finding is amply justified.

¶4Order affirmed.