Legal Opinion

King v. Coe Commission Co.

Supreme Court of Minnesota

Decided July 22, 1904No. Nos. 13,863—(118)PublishedCited by 9 opinions

Appeal by plaintiff from an order of the district court for Redwood county, Webber, J., overruling a demurrer to a counterclaim set up in defendant’s answer.

1Opinion of the CourtBrown, J.

This action was brought to recover damages for the alleged fraudulent acts and conduct of defendant. Defendant interposed a counterclaim, which plaintiff demurred to, and from an order overruling it this appeal was taken.

The only question requiring consideration at this time is whether the matter set up in the answer is a proper subject of counterclaim. Whether the transactions involved in the action were gambling transactions the pleadings do not show, and we refer that question to the trial court to determine from the light thrown upon it by the evidence.

Defendant is a corporation engaged…

2Cases cited3 opinions

  1. Gutzman v. ClancyWisconsin Supreme Court · 1902
  2. Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
  3. Greve v. CoffinSupreme Court of Minnesota · 1869

3Cited by9 opinions

  1. Mayberry v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1907
  2. Scott v. WaggonerMontana Supreme Court · 1914
  3. MacDonald v. KrauseNevada Supreme Court · 1961
  4. Warren v. DelongNevada Supreme Court · 1940
  5. Royer v. RasmussenNorth Dakota Supreme Court · 1916

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