Brown v. Shaw
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1910, among the opinions in this site’s citation index.
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Cases that cite this one
7 later published cases cite this decision.
- Bank of California National Ass'n v. Mortgage Co. (Wash. 1918)
- Grinnell-Collins Co. v. Illinois Central Railroad (Minn. 1910)
- Dyer v. Great Northern Ry. Co. (Minn. 1892)
- E. H. Bardes Range & Foundry Co. v. Weaver (Ohio Ct. App. 1942)
- Ernest Wolff Manufacturing Co. v. Battreal Shoe Co. (Mo. Ct. App. 1915)
- Johnson v. St. Joseph Stock Yards Bank (Mo. Ct. App. 1903)
- Wacek v. Frink (Minn. 1892)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The ruling of the trial court upon defendant’s motion to dismiss, when plaintiff rested his case, was right for several reasons, — one being that in actions for torts in the taking or conversion of personal property against a stranger to the title, as defendant was in this case, a bailee, mortgagee, or other special property man, is entitled to recover full value. A mere depositary or gratuitous bailee may maintain an action for conversion. Chamberlain v. West, 37 Minn. 54, (33 N. W. Rep. 114,) and cases cited. See, also, Benjamin v. Levy, 39 Minn. 11, (38 N. W. Rep. 702;) Laing v. Nelson, 41 Minn. 521, (43 N. W. Rep. 476.)
On these cases alone we would be justified in saying that, in an action for conversion, title in a third person is no defense, unless the defendant can in some manner connect himself with such person, and claim under him; but authority elsewhere in support of this proposition is abundant. Harker v. Dement, 9 Gill, 9; Duncan
It is urged that the verdict was not justified by the evidence. As to the main facts of the controversy, there was a sharp conflict in the testimony and between the witnesses. The value and weight of the former, and the credibility of the latter, were for the jury to pass upon, and were determined in plaintiff’s favor.
Order affirmed.
(Opinion published 53 N. W. Rep. 633.)
Case-law data current through September 30, 2026. Source: CourtListener bulk data.