Schalck & Fenske v. Harmon
Supreme Court of Minnesota
APPEAL EEOM THE DISTRICT COURT OF BROWN COUNTY. Points and Authorities for Appellants. I. — The Respondents ought not to recover in this action.
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APPEAL EEOM THE DISTRICT COURT OF BROWN COUNTY. Points and Authorities for Appellants. I. — The Respondents ought not to recover in this action. The judgment below was contrary to law. 1. Because no suit can be brought in a case such as the one before the Court, where special security is taken after, the maturity of the debt providing specially for its payment, without going first upon the security. 2. The Plaintiffs (Respondents,) having accepted the special security from the Appellants under written conditions that out of the security the existing debt should be paid, were bound in law,…
1Opinion of the Court
By the Court —
ElaNdeau, J.
— Judgment having been granted in favor of the Plaintiffs upon the pleadings alone, the'question presented, is, whether the answer discloses any defence admitting it to be true. The facts stated in the answer are substantially, that the Defendants Schalck & Eenske, on the 1st day of November, 1858, entered into partnership with one Rehfeld in the milling business, for the term of eight months to expire on the first day of July, 1859. Each member enjoyed an equal interest in the concern. The firm transacted business under the name of “Rehfeld, Eenske & Co.” On the…
2Cases cited1 opinion
- Lee v. TillotsonNew York Supreme Court · 1840
3Cited by3 opinions
- Wann v. Northwestern Trust Co.Supreme Court of Minnesota · 1913
- Marin v. KnoxSupreme Court of Minnesota · 1912
- School District No. 10 v. PetersonSupreme Court of Minnesota · 1898