Moon v. Allen
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., sustaining a demurrer to the complaint.
1Dissent
BROWN and LOVELY, JJ.
(dissenting).
Although the decision in this case is not in harmony with the law and rules of pleading, as we understand them, we would not formally dissent were it not for the fact that it finally disposes of the case without a trial on the merits, and prevents a full and fair hearing of the controversy. The firm of Allen, Moon & Co. dissolved their co-partnership, the plaintiff selling out to defendant, and retiring from the firm. At the time of the dissolution, and as a part of that transaction, defendant entered into an agreement whereby he bound himself to protect…
2Cases cited11 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Morse v. GilmanWisconsin Supreme Court · 1863
- Burgh v. State ex rel. McCormickIndiana Supreme Court · 1886
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