Ertz v. Produce Exchange
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. In the absence of statute, all the allegations of the complaint as to the motive or intent of defendants are immaterial, for the reason that the acts charged are in and of themselves strictly legal, and no legal act can be made illegal by reason of its being actuated by a malicious motive. Bohn Mnfg.
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Appeal by defendants from an order of the district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. In the absence of statute, all the allegations of the complaint as to the motive or intent of defendants are immaterial, for the reason that the acts charged are in and of themselves strictly legal, and no legal act can be made illegal by reason of its being actuated by a malicious motive. Bohn Mnfg. Co. v. Hollis, 54 Minn. 223; Schulten v. Bavarian, 96 Ky. 224; McHenry v. Sneer, 56 Iowa, 649; Adler v. Fenton, 24 How. 107; South Royalton v. Suffolk, 27 Vt. 505;…
1Opinion of the Court
START, O. J.
The defendants interposed a general demurrer to the complaint in this case, and they appealed from the order of the district court of the county of Hennepin overruling their demurrer. The material facts alleged in the complaint are these:
The plaintiff is now, and for two and a half years past has been, engaged, at the city of Minneapolis, in the business of a commission merchant, buying and selling farm produce and commodities. His profits. from his business, prior to the committing of the wrongs hereinafter stated by the defendants, were $20,000 per year. To enable him to conduct…
2Cases cited3 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Bohn Manufacturing Co. v. HollisSupreme Court of Minnesota · 1893
- Delz v. Winfree, Norman & PearsonTexas Supreme Court · 1891
3Cited by26 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- Downey v. United Weatherproofing, Inc.Supreme Court of Missouri · 1953
- Tuttle v. BuckSupreme Court of Minnesota · 1909
- Short v. Hotel Riviera, Inc.Nevada Supreme Court · 1963
- Gray v. Building Trades CouncilSupreme Court of Minnesota · 1903
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