North Dakota Supreme Court May 6, 1890 (Short v. Northern Pacific Elevator Co.)

Wallin, J.

The plaintiff sues the defendant to recover the value of 49 bushels and 50 pounds of No. 1 hard wheat which he alleges was stolen from him by one Gregg McCann on the 15th day of November, 1883, and thereafter delivered to the defendant; that the defendant mixed said wheat with its own grain, and converted the same to its own use. The defendant’s answer was a general denial.