Spencer v. Tozer
Supreme Court of Minnesota
Spencer brought this action in the district court for Dakota county, for work and labor performed for the defendant. The defendant answered, in substance, that he, as one of the building committee of the First Baptist Church of Hastings, employed the'plaintiff to work for said church, and that such work and labor was done and performed for said church, of which fact the plaintiff had full knowledge.
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Spencer brought this action in the district court for Dakota county, for work and labor performed for the defendant. The defendant answered, in substance, that he, as one of the building committee of the First Baptist Church of Hastings, employed the'plaintiff to work for said church, and that such work and labor was done and performed for said church, of which fact the plaintiff had full knowledge. The jury found a verdict for the plaintiff, and the defendant moved for a new trial, which was denied, and he appeals to this court. The points raised in the court below, upon the motion for a new…
1Opinion of the Court
Ripley, Ch. J.
By the Court Spencer sued Tozer for work and labor done for bim at his request. Defendant pleaded payment; and that in ordering the work he acted only as agent for the First Baptist Ohnrch in Hastings, for whom the work was done, and therefore was not personally liable.
TJpon a trial by jury a verdict was rendered for the plaintiff. Defendant moved for a new trial on the grounds : 1st. That the verdict is not justified by the evidence, and is contrary to law. 2d. Errors in law occurring at the trial and excepted to by the defendant'.
The motion was denied, and defendant appeals to…
2Cases cited5 opinions
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
- City of St. Paul v. KubySupreme Court of Minnesota · 1863
- Gillaspie v. WessonSupreme Court of Alabama · 1838
- Johnson v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1866
- Davis v. SmithSupreme Court of Minnesota · 1862
3Cited by9 opinions
- Territory of Dakota v. KeyesSupreme Court Of The Territory Of Dakota · 1888
- Chicago, R. I. & P. Ry. Co. v. LinneyCourt of Appeals for the Eighth Circuit · 1893
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1895
- Klein v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Young v. HarrisSupreme Court Of The Territory Of Dakota · 1887
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