Sexton v. Steele
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $204.61 for goods sold, at their special instance and request, to defendants, as partners engaged in business under the trade name of Holmes Hotel. At the close of the trial a motion to dismiss the action as to the defendant Steele,,. on the ground that no evidence had been offered to establish the cause of action set forth in the complaint, was granted. From an order denying a new trial, Holt, J., plaintiff appealed.
1Opinion of the CourtCollins, J.
At the close of the proofs in this case, counsel agreed that it might be dismissed as to all of the defendants, except Wait and respondent Steele. This having been done, counsel for the person last named moved that as to him it also be dismissed on the ground that a cause of action had not been shown, and the motion was granted. We are clearly of the opinion that the evidence should have been submitted to the jury. In order for plaintiff to recover against Steele, it was not necessary for him to prove the partnership alleged in the complaint, or any partnership whatsoever. If he established a…
2Cases cited2 opinions
- Miles v. WannSupreme Court of Minnesota · 1880
- Keigher v. DowlanSupreme Court of Minnesota · 1891
3Cited by2 opinions
- Schmidt v. Agricultural Ins. Co.Supreme Court of Minnesota · 1934
- Schmidt v. Agricultural InsuranceSupreme Court of Minnesota · 1934