Keigher v. Dowlan
Supreme Court of Minnesota
Appeal by defendants Francis and James A. F. Dowlan (impleaded with John Dowlan) from an order of the district court for Bamsey «ounty, Otis, J., presiding, refusing a new trial after verdict of $850 •for plaintiff against them, and verdict in favor of defendant John Dowlan. The three defendants were partners as John Dowlan & Sons, and were sued as such on a contract alleged to have been made by all of them.
1Opinion of the CourtMitchell, J.
The point raised in this case is fully covered by ■Gen. St. 1878, c. 66, § 266, to the effect that whenever two or more ■persons are sued as joint defendants, and on the trial the plaintiff fails to prove a joint cause of action against all, but proves a •cause of action against one or more of the defendants, judgment may ,be rendered against him or them against whom- the cause of action *575is proved. Miles v. Wann, 27 Minn. 56, (6 N. W. Rep. 417.) Here the plaintiff sued the three defendants, alleging that they were partners. The proof was that the contract declared on was made by two of the…
2Cases cited1 opinion
- Miles v. WannSupreme Court of Minnesota · 1880
3Cited by5 opinions
- Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
- Schmidt v. Agricultural Ins. Co.Supreme Court of Minnesota · 1934
- Bunce v. PrattSupreme Court of Minnesota · 1893
- Sexton v. SteeleSupreme Court of Minnesota · 1895
- Schmidt v. Agricultural InsuranceSupreme Court of Minnesota · 1934