Jaeger v. Hartman
Supreme Court of Minnesota
This action was brought in the District Court for Ramsey County, upon' two accepted drafts or bills of exchange. In the title of the action the plaintiffs are described as partners, but there is no allegation of partnership in the body of the complaint, the bills being described as drawn by plaintiffs, and requiring defendant to pay to plaintiffs, &c.
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This action was brought in the District Court for Ramsey County, upon' two accepted drafts or bills of exchange. In the title of the action the plaintiffs are described as partners, but there is no allegation of partnership in the body of the complaint, the bills being described as drawn by plaintiffs, and requiring defendant to pay to plaintiffs, &c. The complaint does not contain, the usual. allegation; — that plaintiffs were still the owners and holders of the bills of exchange. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a…
1Opinion of the Court
Berry, J.-
By the Oowrt In the complaint in this case the plaintiffs are described in the title of the action as partners, but there is no allegation of partnership in the body of the complaint.
The defendant demurred below, claiming “ that the plaintiffs sue ostensibly as partners; but the complaint contains no allegation of partnership,” and that therefore the complaint fails to state facts constituting a cause of action. The Court below, upon the motion of the plaintiffs, ordered the demurrer stricken out as frivolous, and gave judgment for the moving party. Prom the judgment defendant…
2Cases cited5 opinions
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
- Foerster v. Kirkpatrick & RexSupreme Court of Minnesota · 1858
- Fowler v. WesterveltNew York Supreme Court · 1863
- Loper v. WelchThe Superior Court of New York City · 1854
3Cited by9 opinions
- Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
- McKenzie v. EvansMontana Supreme Court · 1934
- Seeling, Jr. v. Deposit Bank Trust Co.Supreme Court of Minnesota · 1928
- Bredemann v. BredemannSupreme Court of Minnesota · 1958
- Industrial Loan Thrift Corporation v. SwansonSupreme Court of Minnesota · 1947
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