Pease, Chalfant & Co. v. Rush
Supreme Court of Minnesota
This was an appeal from a judgment of the District Court of Bamsey County. The issues in this Court are set forth in the opinion. The Plaintiff filed the following points, on Appeal to the Supreme Court: ' First. The only statutory ground of demurrer specifically assigned is, that the complaint does not state facts sufficient to constitute a cause of action. Second.
Read the full summary
This was an appeal from a judgment of the District Court of Bamsey County. The issues in this Court are set forth in the opinion. The Plaintiff filed the following points, on Appeal to the Supreme Court: ' First. The only statutory ground of demurrer specifically assigned is, that the complaint does not state facts sufficient to constitute a cause of action. Second. The demurrer cannot be sustained; for the complaint sets out all the facts necessary to constitute a good cause of action. Stat. of Minn., p. 33, sec. 27; 3 Selden, 476; 5 Duer, 379; 10 How. Pr. R. 274; 12 ibid, 166; 15 ibid, 1; 8…
1Opinion of the Court
By the Court
C. E. Elandrau, J„
Demurrer to Complaint. The Complaint shows that on the 13th day of April, 1857, *111the Defendants made their promissory note for $1500 payable in eight months to the order of Bostwick, Pease & Co., which is the Plaintiffs’ firm name now, and was then the name of a firm composed in part of the Plaintiffs, and delivered the note to the payees. That at the time of the making of the note, the Plaintiff Jacob W. Chalfant was not a member of the firm of Bostwick Pease & Co., but it was then composed of the other Plaintiffs, and William and Reuben Bostwick. That after the…
2Cited by6 opinions
- Indian River State Bank v. Hartford Fire InsuranceSupreme Court of Florida · 1903
- White v. PhelpsSupreme Court of Minnesota · 1869
- Tullis ex rel. Lamprey v. FridleySupreme Court of Minnesota · 1864
- Foster v. BerkeySupreme Court of Minnesota · 1863
- Haydon v. NicolettiNevada Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.