Fetz v. C. S. Clark & Co.
Supreme Court of Minnesota
APPEAL EKOM THE DISTBIOT OOUBT OF CHISAGO COUNTV. I. — Under the pleadings in this action, one of the material issues of fact formed was, as to the partnership of the Defendants. This was alleged in the complaint, and the Defendants by denying each and every allegation in the complaint, put this as well as every other material allegation in the complaint in issue.
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APPEAL EKOM THE DISTBIOT OOUBT OF CHISAGO COUNTV. I. — Under the pleadings in this action, one of the material issues of fact formed was, as to the partnership of the Defendants. This was alleged in the complaint, and the Defendants by denying each and every allegation in the complaint, put this as well as every other material allegation in the complaint in issue. Benedict vs. Seymour, 6 How., 298. It follows, therefore, that if the allegation was material, it must be proven by the Plaintiff to entitle him to recover, and if proof on the part of the Plaintiff was necessary, the Defendant…
1Opinion of the Court
By the Goumt
Emmett, C. J.
This was an action brought against the Defendants as partners, to recover a balance al*220leged to be due for work and labor done by tbe Plaintiff for tbe Defendants as sucb partners, and at tbeir request. Tbe complaint alleges tbe partnership in terms. Tbe answer denies each and every allegation of tbe complaint.
On the trial tbe Plaintiff gave evidence of tbe amount and value of the labor and services mentioned in tbe complaint; and that be was employed so to work and labor by Oscar A. Clark, one of tbe Defendants, nothing at the time being said about a copartnership…
2Cases cited5 opinions
- Rowe v. ChandlerCalifornia Supreme Court · 1850
- Executors of Livingston v. TremperNew York Supreme Court · 1814
- Walcott v. CanfieldSupreme Court of Connecticut · 1819
- Irvine v. Lawrence Myers & Co.Supreme Court of Minnesota · 1860
- Mott v. PetrieNew York Supreme Court · 1836
3Cited by6 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Whitney v. Reese & HeylinSupreme Court of Minnesota · 1866
- Fogle v. SchaefferSupreme Court of Minnesota · 1877
- Town v. WashburnSupreme Court of Minnesota · 1869
- Beatty v. AmbsSupreme Court of Minnesota · 1866
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