Legal Opinion

Shipley v. Bolduc

Supreme Court of Minnesota

Decided December 9, 1904No. Nos. 14,116—(47)PublishedCited by 8 opinions

Action in the district court for Hennepin county to recover from defendant $3,036.77 claimed by plaintiff to be the balance of his share of partnership profits arising from certain contracts for bridge construction performed by plaintiff and defendant. The case was tried without a jury, against plaintiff's objection, before Elliott, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtLovely, J.

This suit was tried to the court, and upon findings of fact judgment was directed for the defendant. There was a motion for new trial, which was overruled. Plaintiff moved to' set aside the order of the court and for a new trial, which was refused. From this order plaintiff appeals.

*415The numerous assignments of error involve the sufficiency of the evidence to support the findings of fact and the refusal of the trial court to submit the issues therein to a jury.

The complaint alleges that in the spring of 1901 plaintiff and defendant formed a copartnership under the firm name of Bolduc & Shipley…

2Cases cited4 opinions

  1. Bond v. WelcomeSupreme Court of Minnesota · 1895
  2. Hanks v. BaberIllinois Supreme Court · 1870
  3. Holyoke v. MayoSupreme Judicial Court of Maine · 1862
  4. Bates v. A. E. Johnson Co.Supreme Court of Minnesota · 1900

3Cited by8 opinions

  1. Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
  2. Raymond Farmers Elevator Co. v. American Surety Co.Supreme Court of Minnesota · 1940
  3. Landgraf v. EllsworthSupreme Court of Minnesota · 1964
  4. Swanson v. AlworthSupreme Court of Minnesota · 1926
  5. Johnson v. JohnsonSupreme Court of Minnesota · 1965

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