Legal Opinion

Powers Mercantile Co. v. Blethen

Supreme Court of Minnesota

Decided January 22, 1904No. Nos. 13,760 — (196)PublishedCited by 11 opinions

Action in the district court for Hennepin county to recover $996.66, and interest, for money paid for the use of defendant, and $395.54, and interest, upon a promissory note. The case was tried before W. R. Cray, J., who found in favor of plaintiff for the aggregaté sum demanded. From an order denying a motion for a new trial, defendant appealed.

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Action in the district court for Hennepin county to recover $996.66, and interest, for money paid for the use of defendant, and $395.54, and interest, upon a promissory note. The case was tried before W. R. Cray, J., who found in favor of plaintiff for the aggregaté sum demanded. From an order denying a motion for a new trial, defendant appealed. Plaintiff had its right of action on the notes on the express promise made by defendant and paid the amounts expressed in the notes and must sue thereon. To support an action of assumpsit of an action for money paid there must be a contract, express…

1Opinion of the CourtStart, C. J.

The complaint herein alleges two causes of action. The allegations’ as to the first one are to the effect that the plaintiff, between January 1, 1896, and June 1 following, at the special request of the defendant, and for his use and benefit, paid for him divers sums of money aggregating $996.66', specifying the amount and time of each payment. The allegations as to the second cause of action are that on May 1, 1896, the defendant executed to the plaintiff his promissory note of that date, and thereby, for value received, promised to pay to the order of the plaintiff, four months after date,…

2Cases cited3 opinions

  1. State v. GutSupreme Court of Minnesota · 1868
  2. Newell v. Minneapolis, Lyndale & Minnetonka Railway Co.Supreme Court of Minnesota · 1886
  3. Luce v. ClarkeSupreme Court of Minnesota · 1892

3Cited by11 opinions

  1. Bruner v. MartinSupreme Court of Kansas · 1907
  2. Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
  3. Doughty v. FunkSupreme Court of Oklahoma · 1905
  4. West v. TheisIdaho Supreme Court · 1908
  5. Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953

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