Andrews v. School-District No. 4
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Otter Tail county, to recover the value of goods alleged to have been sold and delivered to the defendant.
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Plaintiff brought this action in the district court for Otter Tail county, to recover the value of goods alleged to have been sold and delivered to the defendant. The answer contains two defences, viz.: (1) A denial that the plaintiffs at the time and place alleged, or at any other time, sold and delivered to defendant the goods described, of the value alleged, or of any value; and (2) a plea of former adjudication of the matters in controversy, setting out in full the pleadings and proceedings in the former action. Plaintiffs appeal from an order by Baxter, J., overruling a demurrer to both…
1Opinion of the CourtVanderburgh, J.
This action is for the value of goods alleged to have been sold and delivered to the defendant. The plaintiffs’ allegations are denied by the answer, which also sets up as new matter a former adjudication in bar. As the demurrer to the denials was properly overruled,—C. N. Nelson Lumber Co. v. Pelan, 34 Minn. 243, (25 N. W. Rep. 406,)—we need only inquire as to the sufficiency of the answer in respect to the alleged former adjudication.
1. To work an estoppel the former suit must have been determined on the merits. It appears from the answer in this action that upon the trial of the former…
2Cases cited9 opinions
- Thompson v. MyrickSupreme Court of Minnesota · 1877
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Woodling v. KnickerbockerSupreme Court of Minnesota · 1883
- Green v. ClarkNew York Supreme Court · 1848
- Boom v. St. Paul Foundry & Manufacturing Co.Supreme Court of Minnesota · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Melady-Briggs Cattle Corp. v. Drovers State BankSupreme Court of Minnesota · 1942
- Gustafson v. GustafsonSupreme Court of Minnesota · 1929
- Lockwood v. HalseySupreme Court of Kansas · 1889
- Dunseth v. Butte Electric Railway Co.Montana Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.