Legal Opinion

McCarthy v. Weare Commission Co.

Supreme Court of Minnesota

Decided June 27, 1902No. Nos. 13,042-(128)PublishedCited by 10 opinions

Action in the district court for St. Louis county to recover |5,611.25 and interest upon an account stated. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff: for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

1Opinion of the CourtStart, C. J.

Action on an account stated.

The complaint alleged that the defendant was a corporation engaged in the business of buying and selling grain and stocks, and for that purpose maintained a branch office in the city of Duluth, which was at all times herein stated in charge of George Rupley as its manager, and, further, that between February 1 and May 10, 1901, the plaintiffs and defendant had mutual financial dealings, and on the day last named an account was stated between them, and a balance of $5,611.25 was found to be due plaintiffs from defendant, which it agreed to pay, but has not. The…

2Cases cited2 opinions

  1. Bibb v. AllenSupreme Court of the United States · 1893
  2. Mohr v. MiesenSupreme Court of Minnesota · 1891

3Cited by10 opinions

  1. Fibro Trust, Inc. v. Brahman Financial, Inc.Utah Supreme Court · 1999
  2. Campbell v. WillisDistrict Court, District of Columbia · 1923
  3. Scales v. StateCourt of Criminal Appeals of Texas · 1904
  4. Fraser v. Farmers Co-Operative Co.Supreme Court of Minnesota · 1926
  5. Askegaard v. DalenSupreme Court of Minnesota · 1904

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