Murphin v. Scovell
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after a verdict for defendant.
1Opinion of the CourtMitchell, J.
The nature of this action, and the history of the transaction out of which it grew, will sufficiently appear from the report on a former appeal, (41 Miun. 262, 43 N. W. Rep. 1,) although some of the pleadings have been since amended, and the evidence on the last trial is on some points somewhat different from that on the first trial. The contract declared on was made in the name of plaintiff, but for the benefit of one Banning. The statute provides that in such a case the action may be prosecuted by the party in whose name the contract is made. Gen. St. 1878, c. 66, § 28; Cremer v. Wimmer, 40…
2Cases cited2 opinions
- Murphin v. ScovellSupreme Court of Minnesota · 1889
- Cremer v. WimmerSupreme Court of Minnesota · 1889
3Cited by2 opinions
- McLean v. DeanSupreme Court of Minnesota · 1896
- Struckmeyer v. LambSupreme Court of Minnesota · 1896