Winston v. Young
Supreme Court of Minnesota
Action brought in the district court for Hennepin county, to recover $2,500 damages for alleged deceit. The cause coming on for trial before Hooker, J., the defendant moved for judgment.on the pleadings. The motion was granted, judgment was entered, and the plaintiff appealed.
1Opinion of the Court
By the Court.
This case was disposed of in the court below, upon a motion for judgment on the pleadings, which was granted. . As the answer controverts the material averments of the complaint, the merits of the controversy, as respects the truth of the matters alleged, are not involved in the decision. For the purposes of the motion, the complaint is to be taken as true, while the inconsistent aver-ments in the answer, denied by the reply, are to be taken as untrue or not established. The complaint, we think, states a cause of action. It was evidently drawn with reference to established rules…
2Cited by2 opinions
- Winston v. YoungSupreme Court of Minnesota · 1892
- First National Bank v. DenfeldSupreme Court of Minnesota · 1919