Frankel v. Hillier
North Dakota Supreme Court
Appeal from District Court, Richland county; Allen, J. Action by Max Frankel and others against George M. Hillier and others. Judgment for defendants, and plaintiffs appeal. Illegality of contract must be alleged and proven. 1 Ene. PL & Pr. 844; 7 Waits Actions and Defenses, 70; Finley v. Quirk, 9‘ Minn. 194 (Gil. 179); Buchtel v. Evans, 2 Pac. 67; Jameson v. Coldwell, 31 Pac. 279; Lyts v. Keevey, 32 Pac. 534; Heffron v. Pollard, 15 Am.
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Appeal from District Court, Richland county; Allen, J. Action by Max Frankel and others against George M. Hillier and others. Judgment for defendants, and plaintiffs appeal. Illegality of contract must be alleged and proven. 1 Ene. PL & Pr. 844; 7 Waits Actions and Defenses, 70; Finley v. Quirk, 9‘ Minn. 194 (Gil. 179); Buchtel v. Evans, 2 Pac. 67; Jameson v. Coldwell, 31 Pac. 279; Lyts v. Keevey, 32 Pac. 534; Heffron v. Pollard, 15 Am. St. Rep. 771; 1 Chitty’s Pleadings (16th Am. Ed.) 506; Bliss on Code Pleadings, 330; Miller v. Donovan, 83 Pac. 608;, P. J. Bowlin L. Co. v. Brandenburg, 106…
1Opinion of the CourtFisk, J.
Appellants', who are wholesale liquor dealers at St. Paul, Minn., brought this action against respondent and one Hillier to recover the purchase price of certain intoxicating liquors sold' and delivered by them to the defendants. Defendants answered’ separately; the defendant Hillier expressly admitting- liability, while defendant Toetcher denied any connection with the purchase of such liquors either as a partner with his codefendant, as alleged, or otherwise, and alleged upon information and belief that the sales of such liquors were made in this state in violation of- law, and hence that…
2Cases cited25 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Milbank v. . JonesNew York Court of Appeals · 1891
- Crichfield v. Bermudez Asphalt Paving Co.Illinois Supreme Court · 1898
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Sprague v. RooneySupreme Court of Missouri · 1891
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3Cited by14 opinions
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- Erickson v. North Dakota State Fair Asso.North Dakota Supreme Court · 1926
- Emanuel v. EngstNorth Dakota Supreme Court · 1925
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