Haines v. Starkey
Supreme Court of Minnesota
Action in the district court for Hennepin county against J. B. Starkey and Joseph Tyra, co-partners as Starkey & Tyra, to recover $838.80 for goods sold and delivered. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiffs for $401.17. From an order granting a motion for a new trial, plaintiffs appealed.
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Action in the district court for Hennepin county against J. B. Starkey and Joseph Tyra, co-partners as Starkey & Tyra, to recover $838.80 for goods sold and delivered. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiffs for $401.17. From an order granting a motion for a new trial, plaintiffs appealed. If a party has actual knowledge of a partnership and its membership, and makes a contract understanding that he is contracting with it, and gives credit on such belief, and has no notice nor knowledge of its dissolution, as to him the partnership…
1Opinion of the Court
1 Reported in 84 N. W. 910. The plaintiffs, co-partners, were nonresidents. The witness Berkemeyer resided at Minneapolis, was doing business under the name of the Northwestern Slate Company, and for some time had been the undisclosed agent of a number of Eastern concerns, among them the plaintiffs, selling slate in this state. In selling for others, Berkemeyer had acquired a knowledge of the partnership which had existed between these defendants for some years prior to February, 1896, and had made sales to them as such co-partners. The sale in question was made by Berkemeyer in September,…
2Cases cited4 opinions
- Trentor v. PothenSupreme Court of Minnesota · 1891
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Swigert v. AspdenSupreme Court of Minnesota · 1893
- Haines v. StarkeySupreme Court of Minnesota · 1901
3Cited by1 opinion
- First International Bank of Portal v. BrownSupreme Court of Minnesota · 1915