West v. Hennessey
Supreme Court of Minnesota
Appeal by plaintiff, John T. West, from a judgment of the District Court of Ramsey County, J. J. Egan, J., entered February 17, 1894, that he take nothing by this action. The action was commenced October 26, 1893, against Patrick M. Hennessey and his copartners in business.
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Appeal by plaintiff, John T. West, from a judgment of the District Court of Ramsey County, J. J. Egan, J., entered February 17, 1894, that he take nothing by this action. The action was commenced October 26, 1893, against Patrick M. Hennessey and his copartners in business. The complaint stated that on March 1, 1884, the plaintiff was the owner of lots eight (8) and nine (9) in block one (1) of Hoag’s Addition to Minneapolis, and in that year constructed thereon the West Hotel. In March, 1S84, plaintiff made a contract with Hennessey and his partners wherein it was agreed that they should…
1Opinion of the CourtMitchell, J.
In each of these actions the court ordered judgment for the defendants on the pleadings. As it is not claimed that the complaints do not state causes of action, the only question is whether the answers set up new matter by way of defense, which is admitted by failure to reply.
In addition to denials, the answers attempt to set up three defenses: First, the statute of limitations; second, the pendency of a former action; third, a judgment in favor of the defendants in a former action on the same cause of action.
1. According to the complaints, the causes of actiou accrued October-27, 1887, and…
2Cases cited1 opinion
- Cromwell v. County of SacSupreme Court of the United States · 1877
3Cited by22 opinions
- McMenomy v. RydenSupreme Court of Minnesota · 1967
- Melady-Briggs Cattle Corp. v. Drovers State BankSupreme Court of Minnesota · 1942
- Rossman v. TillenySupreme Court of Minnesota · 1900
- McKnight v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- Leonard v. SchallSupreme Court of Minnesota · 1916
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