Berkey v. Judd
Supreme Court of Minnesota
On and for some years prior to September 24, 1858, the plaintiff and the defendants, George B. Judd and Orange Walker, together with Albert H. Judd and Asa H. Parker, were copartners in business as Judd, Walker & Co. This firm carried on a general logging and lumber business at Marine, in this state, having a saw-mill and store at that-place, and being the owner of a large amount of pine lands and other real estate.
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On and for some years prior to September 24, 1858, the plaintiff and the defendants, George B. Judd and Orange Walker, together with Albert H. Judd and Asa H. Parker, were copartners in business as Judd, Walker & Co. This firm carried on a general logging and lumber business at Marine, in this state, having a saw-mill and store at that-place, and being the owner of a large amount of pine lands and other real estate. The firm had also an one-half interest in a lumber yard and business carried on at St. Louis, Missouri, in the name of Judd & Leeds. George B. Judd lived at St. Louis, and had the…
1Opinion of the CourtCornell, J.
Assuming that the referee erred in refusing to dismiss the action at the close of plaintiff’s testimony, on the ground of the insufficiency of the evidence to maintain and establish the alleged cause or causes of action, this error was cured if, in the subsequent progress of the trial, sufficient competent evidence was introduced to supply such deficiency. The question then arises whether, upon the whole case, there is such a want of evidence in respect to any material fact found by the referee as will warrant this court in disturbing the finding on that ground.
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2Cases cited13 opinions
- Jordan v. OsgoodMassachusetts Supreme Judicial Court · 1872
- Thurston v. . CornellNew York Court of Appeals · 1868
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Watkins v. WallaceMichigan Supreme Court · 1869
- Forbes v. . WallerNew York Court of Appeals · 1862
8 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Southern Pacific Railroad v. San Francisco Savings UnionCalifornia Supreme Court · 1905
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Duxbury v. BoiceSupreme Court of Minnesota · 1897
- Newell v. RandallSupreme Court of Minnesota · 1884
42 more not listed; retrieve them via the Exa API.