Gates v. Thatcher
Supreme Court of Minnesota
This action was brought in the District Court for Bamsey county. The allegations of the complaint are substantially, that on the 14th day of April, 1865, the defendant had and received of plaintiff (a minor) to his use the sum of $410, and executed to the plaintiff his receipt therefor in writing", that before the commencement of this action, plaintiff presented said receipt and demanded said money, which was .refused.
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This action was brought in the District Court for Bamsey county. The allegations of the complaint are substantially, that on the 14th day of April, 1865, the defendant had and received of plaintiff (a minor) to his use the sum of $410, and executed to the plaintiff his receipt therefor in writing", that before the commencement of this action, plaintiff presented said receipt and demanded said money, which was .refused. The answer alleges, substantially, that the defendant at said time was Commissioner of Enrollment in the Board of Enrollment for the Second Congressional District of the State…
1Opinion of the Court
*216 By the Court
McMillan, J.
There is no doubt, from the evidence in this case, that the defendant supposed he was acting officially in the transaction upon which this action is based, and intended to act in his official character as a member of the board of enrollment; and he here relies upon his official character in the transaction as a defense to the action. But the court below did not sustain this defense. Upon this point the court charged the jury as follows : “ The rule undoubtedly is, that a person acting as a public agent cannot be holden personally ; but the defendant, in receiving the…
2Cited by6 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Humphrey v. CarpenterSupreme Court of Minnesota · 1888
- Millette v. MehmkeSupreme Court of Minnesota · 1879
- Trebby v. SimmonsSupreme Court of Minnesota · 1888
- Ferrier v. McCabeSupreme Court of Minnesota · 1915
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