Legal Opinion

Miller Publishing Co. v. Orth

Supreme Court of Minnesota

Decided May 26, 1916No. Nos. 19,694 — (99)PublishedCited by 1 opinion

Action in the district court for Renville county against F. W. Orth, R. B. Henton and H. S. Comer, as partners doing business under the firm name of Morton Milling Company, to recover $180 for publishing their advertisement in plaintiffs trade journal known as “The Northwestern Miller.” The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendants Orth and Henton.

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Action in the district court for Renville county against F. W. Orth, R. B. Henton and H. S. Comer, as partners doing business under the firm name of Morton Milling Company, to recover $180 for publishing their advertisement in plaintiffs trade journal known as “The Northwestern Miller.” The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendants Orth and Henton. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

1Opinion of the Court

Taylor, C.

Alleging that the defendants were copartners under the firm name of the Morton Milling Company, plaintiff brought this suit against them to recover the balance due upon a contract, executed in the.name of that company by defendant Corner as president, to publish an advertisement of the flour of the company in the Northwestern Miller for one year. Defendant Comer did not answer, and was the - principal witness for plaintiff. Defendants Orth and Henton answered denying the partnership, and the principal question submitted to the jury was whether such partnership existed at the time…

2Cases cited2 opinions

  1. Maurin v. LyonSupreme Court of Minnesota · 1897
  2. First National Bank of Browerville v. StaddenSupreme Court of Minnesota · 1908

3Cited by1 opinion

  1. Lund v. Chemical BankDistrict Court, S.D. New York · 1992

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