Case Credit Corp. v. Oppegard's Inc.
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| 20040369 |
Case Credit Corporation,
a Delaware Corporation, Plaintiff and Appellant
v.
Oppegard's, Inc., a North
Dakota Corporation, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Traill County
Judge Wade L. Webb |
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Nature of Action: |
Contracts
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| Counsel: |
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| Term: |
06/2005 Argument: 06/09/2005 10:45am
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| ND cite: |
2005 ND 141
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| NW cite: |
701 N.W.2d 891
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Under the North Dakota modified comparative fault statute, N.D.C.C. 32-03.2-02, persons who aid or encourage a tortious act are jointly liable for all damages attributable to their fault. Defendant Oppegard's, Inc. purchased a leased tractor
from Waters, the lessee, without the knowledge or permission of Plaintiff Case Credit Corporation, the lessor. Waters kept the money and Oppegard's sold the tractor. Did Oppegard's, as a matter of law, aid Waters in the conversion of the tractor
under 32-03.2-02?
(Case Credit contends the answer is yes.)
II. The trial court ruled that the question of whether Oppegard's aided Waters in the conversion of the tractor was a question for the jury. If that is correct, was the court required to give a jury instruction defining the term "aid" as used in
N.D.C.C. 32-03.2-02?
(Case Credit contends the answer is yes.)
III. Is an award of interest mandatory under the conversion statute, N.D.C.C. 32-03-23, where damages are measured by the value of the property converted?
(Case Credit contends the answer is yes.)
Appellee's Statement of the Issues:
I. Where the negligent act of Oppegards in purchasing a leased tractor from Waters joined with the intentional act of Waters in retaining the sale proceeds so as to cause a conversion of the lessor's interest, did Oppegards, as a matter of law,
"aid" the tortious act of Waters so as to create joint liability under N.D.C.C. 32-03.2-02? (Oppegards contends the answer is no.)
II. If Oppegards did not, as a matter of law, "aid" in Water's tortious act, was the Court required to give the jury instruction requested by Case defining the term "aid"? (Oppegards contends the answer is no.)
III. Is an award of interest
mandatory under the conversion statute N.D.C.C. 32-03-23, where damages are measured by the value of the property converted? (Oppegards contends the answer is no.)
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| 1 | | 12/20/2004 | |
NOTICE OF APPEAL: 12/17/2004 |
| 2 | | 12/20/2004 | |
ORDER FOR TRANSCRIPT: 12/17/2004 |
| 3 | | 12/23/2004 | |
NOTICE OF CROSS APPEAL (filed in trial court on 12-21-04) |
| 4 | | 02/03/2005 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 02/03/2005 | |
ACTION BY TRIAL COURT. Granted: 03/17/2005 |
| 6 | | 02/03/2005 | |
RETENTION OF RECORD ON APPEAL: 03/17/2005 |
| 7 | | 03/07/2005 | |
TRANSCRIPT DATED September 17, 2004, and October 5, 2004 |
| 8 | | 03/07/2005 | |
DISK - transcript (October 5, 2004 transcript - emailed) |
| 9 | | 03/08/2005 | |
DISK - transcript (September 17, 2004 transcript by diskette) |
| 10 | | 03/08/2005 | |
Certificate of Service of Copies of Transcripts |
| 11 | | 03/15/2005 | |
RECORD ON APPEAL |
| 12 | | 04/15/2005 | |
APPELLANT BRIEF |
| 13 | | 04/15/2005 | |
APPELLANT APPENDIX |
| 14 | | 04/18/2005 | |
DISK - atb |
| 15 | | 05/10/2005 | |
APPELLEE BRIEF |
| 16 | | 05/11/2005 | |
DISK - AEB |
| 17 | | 05/11/2005 | |
Dismissal Agreement of Cross Appeal Pursuant to Rule 42, N.D.R.App.P |
| 18 | | 05/11/2005 | |
ACTION BY CLERK (re cross-appeal of AE Oppegard's, Inc.). Granted |
| 19 | | 05/11/2005 | |
Order Mailed to Parties |
| 20 | | 05/26/2005 | |
REPLY BRIEF |
| 21 | | 05/27/2005 | |
DISK - RYB |
| 22 | | 05/31/2005 | |
APPELLANT'S WAIVER OF ORAL ARGUMENT (faxed) |
| 23 | | 05/31/2005 | |
E-FILED AT'S WAIVER OF ORAL ARGUMENT |
| 24 | | 06/01/2005 | |
ACTION BY SUPREME COURT (OA waived on behalf of Appellant). Granted |
| 25 | | 06/09/2005 | |
APPEARANCES: Waived under NDRAppP 34(f); John P. Dosland |
| 26 | | 06/09/2005 | |
ARGUED: Dosland (Vol. Z; Page 132) |
| 27 | | 06/09/2005 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 07/25/2005 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 29 | | 07/25/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 30 | | 07/25/2005 | |
At the direction of the Court no costs be taxed on this appeal |
| 31 | | 07/26/2005 | |
Judgment Mailed to Parties |
| 32 | | 08/05/2005 | |
Mot. Ext/Time Petition for Rehearing & Affidavit/Support |
| 33 | | 08/05/2005 | |
E-FILED MOTION (MPR) (faxed) |
| 34 | | 08/05/2005 | |
ACTION BY CLERK. Granted: 08/18/2005 |
| 35 | | 08/18/2005 | |
PETITION FOR REHEARING |
| 36 | | 08/19/2005 | |
DISK - PER |
| 37 | | 08/31/2005 | |
ACTION BY SUPREME COURT (PER). Denied |
| 38 | | 09/09/2005 | |
MANDATE |
| 39 | | 09/13/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 09/19/2005 | |
Corrected Opinion Page 3 |
| 41 | | 06/07/2012 | |
EXPUNGED - Nonpermanent record items destroyed |