Warner v. Myrick
Supreme Court of Minnesota
Action upon an account stated, commenced in the district court for Stearns county, against Myrick and one II. Gager, as co-partners in the firm of II. Gager. Myrick alone answered the complaint, interposing a general denial. Upon a trial by jury in the court below, a verdict was rendered for the plaintiff. The defendant Myrick appeals to this court from the order of the district court denying his motion for a new trial.
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Action upon an account stated, commenced in the district court for Stearns county, against Myrick and one II. Gager, as co-partners in the firm of II. Gager. Myrick alone answered the complaint, interposing a general denial. Upon a trial by jury in the court below, a verdict was rendered for the plaintiff. The defendant Myrick appeals to this court from the order of the district court denying his motion for a new trial. The substance of the pleadings, exceptions taken at the trial, and the facts of the case, so far as considered by the court, are stated in the opinion.
1Opinion of the Court
By the Court
Berry, J.
The complaint in this case sets up the co-partnership of the defendants under the firm name of H. Gager; the performance of certain services by the plaintiff for them as co-partners; that the same were reasonably worth $811.42; that an accounting was had between the plaintiff and defendants as co-partners, of and concerning the same, upon which there was found to be due the plaintiff the sum of $811.42, and that an account was stated accordingly, the defendants as partners then and there promising to pay the plaintiff the amount so found to be due him- Mvrick. who alone…
2Cases cited3 opinions
- Minnesota Central Railway Co. v. McNamaraSupreme Court of Minnesota · 1868
- Fay v. DavidsonSupreme Court of Minnesota · 1868
- Barnsback v. ReinerSupreme Court of Minnesota · 1862
3Cited by9 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- State Ex Rel. Weich v. City of Red WingSupreme Court of Minnesota · 1928
- Wharton v. AndersonSupreme Court of Minnesota · 1881
- Barr v. LakeMissouri Court of Appeals · 1910
- Webb v. LucasSupreme Court of Minnesota · 1914
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