Legal Opinion

Maxfield v. Schwartz

Supreme Court of Minnesota

Decided December 30, 1890PublishedCited by 39 opinions

Appeals by plaintiffs from an order of the district court for Scott county, Edson, J., presiding, refusing a new trial after verdict for defendants, in an action to recover $287.81, on the cause of action considered in the opinion.

1Opinion of the CourtDickinson, J.

This is an appeal by .the plaintiffs from an order overruling their demurrer to one of the defences as set forth in the answer. The plaintiffs, creditors of the partnership of Berens & Nachtsheim, prosecute this action to recover from the defendants the amount of their debt against that firm, basing their right of recovery on a written instrument executed between Berens & Nachtsheim and the defendants, by the terms of which the latter, in consideration of the sale and delivery to them by that firm of all their property, agreed to pay all their debts. The right of the plaintiffs to recover in…

2Cases cited8 opinions

  1. Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
  2. Linington v. StrongIllinois Supreme Court · 1883
  3. Frohreich v. GammonSupreme Court of Minnesota · 1881
  4. McCall v. BushnellSupreme Court of Minnesota · 1889
  5. C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
  2. Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
  3. Erickson v. FisherSupreme Court of Minnesota · 1892
  4. Stearns v. KennedySupreme Court of Minnesota · 1905
  5. National Cash Register Co. v. MerriganSupreme Court of Minnesota · 1921

34 more not listed; retrieve them via the Exa API.

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