Anderson v. W. J. Dyer & Bro.
Supreme Court of Minnesota
' Separate appeals by defendants, W. J. Dyer & Bro., Duluth Music Company and W. J. Dyer, from an order of the district court for Ramsey county, Brill, J., overruling their separate demurrers to the complaint. The complaint does not state a cause of action as against either defendant. 2 Cook, Corp. (5th Ed.) § 684; Zellerbach v. Allenberg, 99 Cal. 57. The plaintiffs claim is more than stale, and has long been barred by the statute. 6 Enc.
Read the full summary
' Separate appeals by defendants, W. J. Dyer & Bro., Duluth Music Company and W. J. Dyer, from an order of the district court for Ramsey county, Brill, J., overruling their separate demurrers to the complaint. The complaint does not state a cause of action as against either defendant. 2 Cook, Corp. (5th Ed.) § 684; Zellerbach v. Allenberg, 99 Cal. 57. The plaintiffs claim is more than stale, and has long been barred by the statute. 6 Enc. Pl. & Pr. 404-406. The attempted causes of action have been improperly joined. 2 Cook, Corp. (5th Ed.) §§ 646, 647. Demurrer for defect of parties will not…
1Opinion of the CourtLovely, J.
This appeal is from an order overruling the several demurrers of defendants to plaintiff’s complaint.
The following material facts are set forth in the challenged pleading: Two of the three defendants are corporations of the state of Minnesota. The Duluth Music Company was organized October 1, 1889, with a capital stock of $50,000, $10,000 of which was paid in upon its organization. Plaintiff purchased thirty shares, the par value being $100 each, described in three certificates which were issued to him. In payment he executed his promissory note on the same day, payable to the order of W. J.…
2Cases cited3 opinions
- Brown v. Maplewood Cemetery Ass'nSupreme Court of Minnesota · 1902
- Davis v. ChouteauSupreme Court of Minnesota · 1884
- Jaeger v. SundeSupreme Court of Minnesota · 1897
3Cited by7 opinions
- Masinter v. Webco Co.West Virginia Supreme Court · 1980
- Seitz v. Union Brass & Metal Manufacturing Co.Supreme Court of Minnesota · 1922
- Keough v. St. Paul Milk Co.Supreme Court of Minnesota · 1939
- Budds v. FreySupreme Court of Minnesota · 1908
- Disbrow v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1908
2 more not listed; retrieve them via the Exa API.