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32-25 Conversion of Grain by Public Warehouse

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CHAPTER 32-25CONVERSION OF GRAIN BY PUBLIC WAREHOUSE32-25-01. Who may bring action - Effect. If the grain of different owners has beenstored in a warehouse or elevator and has become mingled in a common mass, and any part<br>thereof has been converted or is detained wrongfully by any person, the owner of any part of<br>such common mass may maintain an action against the wrongdoer for the recovery of the<br>possession or the value, as the case may be, of the quantity of such person's contribution to such<br>common mass. It shall not be necessary to join as a party any other person who likewise may<br>have contributed, or be alleged to have contributed, to such common mass, but the<br>commencement of such action shall be deemed to be a selection or segregation of such person's<br>interest, in all things the same as though, upon a demand made therefor, such grain or the value<br>thereof had been set aside and delivered to such party.32-25-02. Consolidation of action. In case two or more persons shall have broughtseparate actions against the same defendant to recover the value or possession of different<br>amounts of such common mass, the court in which such actions are pending, in its discretion,<br>may consolidate such actions and dispose of them as justice and equity shall require.32-25-03. Storage tickets prima facie evidence. In any action involving the ownershipor right of possession of stored grain, the storage tickets or warehouse receipts issued by any<br>public warehouseman or grain dealer who commonly receives such grain for storage, in<br>substantially the form prescribed by statute, shall be received in evidence, and shall be prima<br>facie evidence that grain of the kind and quantity recited therein was received by such<br>warehouseman at about the date of such ticket, and that the same was the property of the<br>person named in said receipt as having deposited the same.32-25-04.How value of grain may be proved.In any action brought under theprovisions of this chapter, it shall be permissible to prove the value of the grain in question by any<br>of the following classes of evidence:1.By market reports published in any newspaper or trade journal which commonly<br>publishes such reports, purporting to give market values or selling prices of such<br>grain at the market in question. No further foundation for the introduction of such<br>reports in evidence shall be necessary than the showing that such newspaper or<br>journal is in circulation as such or is commonly sold at public newsstands, and the<br>court may take judicial notice of the character and circulation of such newspaper or<br>journal without proof.2.The buying and selling price of similar grain may be shown by the records of any<br>chamber of commerce, board of trade, or similar organization which is shown to<br>keep a record of permanent character of the prices at which such, or similar grain, is<br>sold in the market at which such organization is situated.3.A witness engaged in the business of buying or selling grain likewise may testify to<br>the value of grain at any given market at any given time, upon showing the witness's<br>knowledge thereof, and for the purpose of refreshing the witness's recollection such<br>witness may examine and consider the permanent records of sales or purchases<br>made in the regular course of business of such witness or the firm or concern with<br>which the witness is or was connected.32-25-05. Method of proof of value of grain not exclusive. The methods of proofherein provided for shall not be exclusive but cumulative, and shall be taken and received<br>together with any other competent evidence tending to establish the value in question.Page No. 1Document Outlinechapter 32-25 conversion of grain by public warehouse