Schmidt v. Bickenbach
Supreme Court of Minnesota
This action was brought by plaintiffs, as partners, in the district court for Ramsey county, and removed to the district court for Freeborn county, where defendant resides. The answer consists of the attempted counterclaim which is given in the opinion. Defendant appeals from an order of Farmer, J., sustaining a demurrer to the answer. cited Goebels. Hough, 26 Minn. 262; Walshv. Hall, 66 N. C. 233; Bittingv.
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This action was brought by plaintiffs, as partners, in the district court for Ramsey county, and removed to the district court for Freeborn county, where defendant resides. The answer consists of the attempted counterclaim which is given in the opinion. Defendant appeals from an order of Farmer, J., sustaining a demurrer to the answer. cited Goebels. Hough, 26 Minn. 262; Walshv. Hall, 66 N. C. 233; Bittingv. Thaxton, 72N.C. 541; Waugenheim v. Graham, 39 Cal. 169; Tinsley v. Tinsley, 15 B. Mon. 454; Wadley v. Dams, 63 Barb. 500; Xenia Branch Bank v. Lee, 7 Abb. Pr. 372; Glen d Hall Mfg. Co. v.…
1Opinion of the CourtGtlfillan, C. J.
Action for goods sold and delivered between November 10, 1880, and May 7, 1881. The answer alleges as a counterclaim, in substance, these facts: That, by the terms of the sale, the price was not to become payable until August 16, 1881; that on June 20, 1881, the plaintiffs wrongfully and maliciously, and without reasonable or probable cause, commenced an action to recover such price, and caused a writ of attachment against the property of the defendant to be therein issued, and his property to be taken thereon, whereby defendant sustained damage. To this plaintiffs demurred, on the ground…
2Cases cited2 opinions
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Waugenheim v. GrahamCalifornia Supreme Court · 1870
3Cited by7 opinions
- Leiendecker v. Asian Women United of MinnesotaSupreme Court of Minnesota · 2017
- Jones v. SwankSupreme Court of Minnesota · 1893
- Blue Earth Valley Telephone Co. v. Commonwealth Utilities Co.Supreme Court of Minnesota · 1918
- Jefferson v. HackneySupreme Court of Minnesota · 1924
- Habedank v. BakerSupreme Court of Minnesota · 1932
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