Claussen v. City of Luverne
Supreme Court of Minnesota
Action in the district' court for Rock county to recover $3,440 for the revocation of a liquor license. The defendant demurred to-the complaint and the demurrer was sustained and judgment ordered, P. E. Brown, J., in favor of defendant. Erom the judgment entered pursuant to the order, plaintiff appealed.
Read the full summary
Action in the district' court for Rock county to recover $3,440 for the revocation of a liquor license. The defendant demurred to-the complaint and the demurrer was sustained and judgment ordered, P. E. Brown, J., in favor of defendant. Erom the judgment entered pursuant to the order, plaintiff appealed. Where a license is wrongfully revoked the licensee is entitled to-recover from the municipality such damages as he has actually sustained, even in excess of the license fee paid. Smith v. Major, 8-Oh. Cir. Dec. 649. A city is liable for the lawful acts of its agents done in good faith, but in…
1Opinion of the CourtJaggard, J.
The following facts are admitted by demurrer to the complaint herein: The city of Luverne, defendant and respondent, issued a license for the sale of intoxicating liquors to the plaintiff and appellant on the payment by him of $1,250. The license according to its terms terminated on May 1, 1006. On December 8, 1905, the common council of the defendant, acting mistakenly and in excess of its powers, *495but not maliciously, revoked the license. Thereupon plaintiff closed his place of business, which remained closed for the rest of the license year. On February. 19, 1906, plaintiff sued out…
2Cases cited26 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- City of Chicago v. SebenIllinois Supreme Court · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Riddoch v. StateWashington Supreme Court · 1912
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- State Ex Relator McNamara v. ClarkCourt of Criminal Appeals of Texas · 1915
- Ackeret v. City of MinneapolisSupreme Court of Minnesota · 1915
- Roerig v. HoughtonSupreme Court of Minnesota · 1919
18 more not listed; retrieve them via the Exa API.