Searles v. Thompson
Supreme Court of Minnesota
This action was brought in the district court for Dakota county. The defendant Horace Thompson answered as sole survivor of the firm of Thompson Bros. The cause was brought to trial, and after the plaintiff had rested his case defendant moved to dismiss the action, which motion was granted, and plaintiff excepted. Plaintiff moved for a new trial upon a case made and settled, which was denied, and he appeals to this court.
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This action was brought in the district court for Dakota county. The defendant Horace Thompson answered as sole survivor of the firm of Thompson Bros. The cause was brought to trial, and after the plaintiff had rested his case defendant moved to dismiss the action, which motion was granted, and plaintiff excepted. Plaintiff moved for a new trial upon a case made and settled, which was denied, and he appeals to this court. Such portions of the pleadings as are necessary to an understanding of the nature of the action, and the testimony given upon the trial, and the grounds upon which the cause…
1Opinion of the Court
By the Court.
McMillan, J.
This is an action brought by the plaintiff to recover back the sum of $5,000, money paid to the defendants, and four certain promissory notes executed and delivered by the plaintiff to the defendants, upon certain representations made by defendants which the plaintiff claims to have been false and fraudulent.
The complaint alleges: that on the 26th of September, 1864, at Fort Wadsworth, Dakota Territory, and long afterwards, the plaintiff and one Mark W. Downie, were partners doing-business under the firm name of “ M. W. Downie & Co.,” and the defendants J. E. Thompson…
2Cases cited1 opinion
- Lamb v. McCannaSupreme Court of Minnesota · 1869
3Cited by8 opinions
- McEwen v. PrinceSupreme Court of Minnesota · 1914
- Granite Gold Mining Co. v. MaginnessCalifornia Supreme Court · 1897
- Rolvaag v. DonovanSupreme Court of Minnesota · 1962
- Croft v. MillerSupreme Court of Minnesota · 1879
- In Re Application of AndersenSupreme Court of Minnesota · 1962
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