Cornwell v. Megins
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Stearns county, to recover a balance due for timber cut under a stumpage contract made with the appellant Megins and the other defendants, S. F. Crockett and John J. Shotwell, on May 5,1881. The defendant Me-gins, in his separate answer, alleged payment on June 15, 1886, and further alleged that, after the contract was made, the defendants organized a corporation, (the Dakota Lumber Co.,) which carried out the contract,…
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Plaintiff brought this action in the district court for Stearns county, to recover a balance due for timber cut under a stumpage contract made with the appellant Megins and the other defendants, S. F. Crockett and John J. Shotwell, on May 5,1881. The defendant Me-gins, in his separate answer, alleged payment on June 15, 1886, and further alleged that, after the contract was made, the defendants organized a corporation, (the Dakota Lumber Co.,) which carried out the contract, and made to plaintiff the reports and payments required by the contract; that on December 2, 1885, Megins assigned to…
1Opinion of the CourtCollins, J.
1. If, as asserted in appellant’s brief, defendants were copartners engaged in manufacturing lumber when the contract with plaintiff was entered into, May 5, 1881, the written contract fails to show it. On the contrary, it negatives such claim, as it is signed by the appellant, Megins, as an individual, by the other defendants, Crockett and Shotwell, as copartners.
2. There is no testimony to indicate that plaintiff knew, when dealing with defendants, that they had organized a corporation. He evidently knew that they were doing business as the Dakota Lumber Company; he received letters and…
2Cases cited2 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Kelso v. FlemingIndiana Supreme Court · 1885
3Cited by11 opinions
- Hanson v. NelsonSupreme Court of Minnesota · 1901
- State v. WoodSupreme Court of Minnesota · 1928
- County of Lyon v. First National BankSupreme Court of Minnesota · 1926
- Piehl v. PiehlMichigan Supreme Court · 1904
- Stoebner v. Opportunity Finance, LLC (In re Polaroid Corp.)United States Bankruptcy Court, D. Minnesota · 2016
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