Legal Opinion

Steinhart v. Pitcher

Supreme Court of Minnesota

Decided April 15, 1873Published

Plaintiff brought this action in a justice’s court in Olmsted county, to recover a balance alleged to be due him for services as a farm laborer. The defendant appeared in the action, and filed his answer admitting, substantially, the allegations of the complaint: but for a “ second answer” interposed a claim founded on the alleged promise of the plaintiff to pay for defendant’s horse, which he had wrongfully killed, such sum as the horse was reasonably worth.

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Plaintiff brought this action in a justice’s court in Olmsted county, to recover a balance alleged to be due him for services as a farm laborer. The defendant appeared in the action, and filed his answer admitting, substantially, the allegations of the complaint: but for a “ second answer” interposed a claim founded on the alleged promise of the plaintiff to pay for defendant’s horse, which he had wrongfully killed, such sum as the horse was reasonably worth. Plaintiff replied, denying the promise and the facts constituting the alleged consideration for such promise. A trial was had and…

1Opinion of the Court

By the Court.

Ripley, Oh. J.

The defendant’s “ second answer ” states a wrongful act on the part of plaintiff which would render him liable in damages to the defendant. Conceding that it also states a promise by the plaintiff to pay the defendant in compensation therefor, on demand, what the ¡horse was reasonably worth, such promise nevertheless appears to have been without consideration, for it cannot be gathered from the answer that the defendant released or agreed to release his right of action for such damages.

If A have been guilty of a wrongful act or omission which *104would render him liable…

2Cases cited6 opinions

  1. Lowe v. StringhamWisconsin Supreme Court · 1861
  2. Roberts v. WarrenWisconsin Supreme Court · 1854
  3. Taylor v. ParkerSupreme Court of Minnesota · 1871
  4. City of Rochester v. UpmanSupreme Court of Minnesota · 1872
  5. Rahilly v. LaneSupreme Court of Minnesota · 1870

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