Legal Opinion

Tuttle v. Buck

Supreme Court of Minnesota

Decided February 19, 1909No. Nos. 15,915—(82)PublishedCited by 79 opinions

Action in the district court for Wright county to recover $10,000 damages. Defendant demurred to the complaint on the ground it did not state a cause of action. From an order, Buckham, J,, overruling the demurrer, defendant appealed.

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Action in the district court for Wright county to recover $10,000 damages. Defendant demurred to the complaint on the ground it did not state a cause of action. From an order, Buckham, J,, overruling the demurrer, defendant appealed. This appeal was from an order overruling a general demurrer to a complaint in which the plaintiff alleged: That for more than ten years last past he has been and still is a barber by trade, and engaged in business as such in the village of Howard Lake, Minnesota, where he resides,' owning and operating a shop, for the purpose of his said trade. That until the…

1Opinion of the CourtElliott, J.

(after stating the facts as above).

It has been said that the law deals only with externals, and that a lawful act cannot be made the foundation of an action because it was done with an evil motive. In Allen v. Flood, [1898] A. C. 1, 151, Lord Watson said that, except with regard to crimes, the law does not *148take into account motives as constituting an element of civil wrong. In Mayor v. Pickles, [1895] A. C. 587, Pord Halsbury stated that if the act was lawful, “however ill the motive might be, he ha,d a right to do it.” In Raycroft v. Tayntor, 68 Vt. 219, 35 Atl. 53, 33 L. R. A. 225, 54 Am.…

2Cases cited12 opinions

  1. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  2. Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
  3. Bohn Manufacturing Co. v. HollisSupreme Court of Minnesota · 1893
  4. Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
  5. Auburn and Cato Plank Road Co. v. . DouglassNew York Court of Appeals · 1854

7 more not listed; retrieve them via the Exa API.

3Cited by79 opinions

  1. Wild v. RarigSupreme Court of Minnesota · 1975
  2. GLENN v. Point Park CollegeSupreme Court of Pennsylvania · 1971
  3. Leigh Furniture and Carpet Co. v. IsomUtah Supreme Court · 1982
  4. Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
  5. Myers & Myers, Inc. v. United States Postal ServiceCourt of Appeals for the Second Circuit · 1975

74 more not listed; retrieve them via the Exa API.

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