O'Connor v. Delaney
Supreme Court of Minnesota
Appeal by defendant, Martin Delaney, from a judgment of the District Court of Bamsey County, Chas. E. Otis, J., entered against him May 10, 1892, for $390.71. On June 17, 1885, the plaintiff, Michael J. O’Connor, and the defendant each owned an undivided half of lot fifteen (15) of Partition Plat in the City of St. Paul, on which they had previous to that time done business together as equal partners under the firm name of Northwestern Stock Yards.
Read the full summary
Appeal by defendant, Martin Delaney, from a judgment of the District Court of Bamsey County, Chas. E. Otis, J., entered against him May 10, 1892, for $390.71. On June 17, 1885, the plaintiff, Michael J. O’Connor, and the defendant each owned an undivided half of lot fifteen (15) of Partition Plat in the City of St. Paul, on which they had previous to that time done business together as equal partners under the firm name of Northwestern Stock Yards. On that day they dissolved partnership, and it was agreed between them that the defendant should have the exclusive possession and use of the…
1Opinion of the CourtGilfillan, C. J.
Except in regard to the claim of respondent for rent of his interest in the real estate, the joint property of the parties, there is no question but of the sufficiency of the evidence to sustain the findings of fact, and we think it sufficient.
It is also sufficient to sustain the finding of fact on the claim for rent. But it is objected that the complaint for the rent alleges that appellant was to pay the value of the use of the property, while the finding, not following the pleading, is that it was agreed appellant should pay for the first year an amount equal to the interest on a certain…
2Cited by7 opinions
- State v. SpenceSupreme Court of Minnesota · 2009
- Schmidt v. ConstansSupreme Court of Minnesota · 1901
- Rainsford v. MassengaleWyoming Supreme Court · 1894
- Fallahzadeh v. GhorbanianCourt of Appeals of Washington · 2004
- McGinley v. CannonWashington Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.