Chouteau v. Rice, H. M.
Supreme Court of Minnesota
This was an appeal from an order overruling a demurrer to a supplemental bill, in the District Court of the United States for the Second Judicial District, aud brought into this Court to reverse that order.
Read the full summary
This was an appeal from an order overruling a demurrer to a supplemental bill, in the District Court of the United States for the Second Judicial District, aud brought into this Court to reverse that order. The Judge below overruled the demurrer on the grounds that a general demurrer was not good when there were equities apparant upon the face of the bill; that the demurrer went simply to the form and manner of pleading, and that could only be taken advantage of by a special demurrer, setting forth with certainty the objections. Held by Appellants, 1. That the facts are not set forth with the…
1Opinion of the CourtFuller, C. J.
The plaintiffs, being members of the firm known as the “Northern Outfit,” engaged in the Indian trade, filed their bill of Complaint against their Co-partners, Bice and others, on the ground of fraud, and breach of the covenants contained in the articles of Co-partnership on the part of the defendant, Bice; and prayed a dissolution of the partnership ; an injunction; the appointment of a receiver ; the taking of an account; a decree against Bice, for any balance found due from him to the plaintiffs to be paid out of his individual property, if the partnership effects in his hands should prove…
2Cited by9 opinions
- Straughan v. HallwoodWest Virginia Supreme Court · 1887
- Schloss v. George E. Lennon, Inc.Supreme Court of Minnesota · 1913
- Cook v. KittsonSupreme Court of Minnesota · 1897
- Hutchins v. County CommissionersSupreme Court of Minnesota · 1870
- Pacific Live-Stock Co. v. HanleyU.S. Circuit Court for the District of Oregon · 1899
4 more not listed; retrieve them via the Exa API.