Legal Opinion

Miles v. Wann

Supreme Court of Minnesota

Decided July 27, 1880PublishedCited by 7 opinions

Action against the defendants W. F. Yon Deyn, Thomas L. Wann and John Wann, as partners in the firm of Yon Deyn & Co., for goods sold and delivered to the firm. John Wann alone defended, denying that he was a member of the firm. At the trial in the district court for Ramsey county, before Brill, J., the.plaintiffs dismissed the action as against Thomas L. Wann; and on motion of John Wann, the court dismissed the action as to him.

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Action against the defendants W. F. Yon Deyn, Thomas L. Wann and John Wann, as partners in the firm of Yon Deyn & Co., for goods sold and delivered to the firm. John Wann alone defended, denying that he was a member of the firm. At the trial in the district court for Ramsey county, before Brill, J., the.plaintiffs dismissed the action as against Thomas L. Wann; and on motion of John Wann, the court dismissed the action as to him. A new trial was afterwards granted, and the defendant John Wann appealed.

1Opinion of the CourtBerry, J.

The testimony in this ease fairly tended to* show the following facts: JohnWann, as guardian of Thomas L.Wann, his minor son, 16 years of age, executed what purport to be sealed articles of partnership between said Thomas and one Von Deyn. The business of the firm was the manufacture of brushes, in St. Paul. JohnWann had no authority to act for his son in the premises, either as guardian or otherwise, and there was no evidence establishing any adoption or ratification by the son of his father’s acts, either in executing the articles, or in carrying on the business. The articles required said…

2Cases cited3 opinions

  1. Bailey v. MerrittSupreme Court of Minnesota · 1862
  2. Taylor v. BlakeSupreme Court of Minnesota · 1866
  3. Reed v. PixleySupreme Court of Minnesota · 1876

3Cited by7 opinions

  1. Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
  2. North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
  3. Jewison v. DieudonneSupreme Court of Minnesota · 1914
  4. Keigher v. DowlanSupreme Court of Minnesota · 1891
  5. Sabin v. MichellOregon Supreme Court · 1895

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