Cooper v. Breckenridge
Supreme Court of Minnesota
The plaintiff brought this action in the District Court for Eamsey County, against the defendant, as one of several persons associated and transacting business under the common name of “The Proprietors of Superior,” upon a joint liability of such association, under Sec. 38, p. 536, Comp.
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The plaintiff brought this action in the District Court for Eamsey County, against the defendant, as one of several persons associated and transacting business under the common name of “The Proprietors of Superior,” upon a joint liability of such association, under Sec. 38, p. 536, Comp. Stat., which provides as follows : “ "When two or more persons associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may be sued by such common name; the process in such case being served on one or more of the associates,…
1Opinion of the Court
By the CJourt
Beset, J.
Tbis action was brought by the respondent against tbe appellant, under tbe provisions of Sec. 38, page 536, Pub. Stat., which reads as follows: “When two or more persons, associated in any business, transact such business under a common name, whether it comprises tbe names of such persons or not, tbe associates may be sued by such common name, tbe process in such case being served on one or more of tbe associates, and the judgment in tbe action shall bind tbe joint property oí all tbe associates, in tbe same manner as if all bad been named defendants, and bad been sued…
2Cases cited3 opinions
- Davis v. . SpencerNew York Court of Appeals · 1862
- Karns v. KunkleSupreme Court of Minnesota · 1858
- Teller v. BishopSupreme Court of Minnesota · 1863
3Cited by6 opinions
- Land O' Lakes Dairy Co. v. County of WadenaSupreme Court of Minnesota · 1949
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Conner v. HoweSupreme Court of Minnesota · 1886
- McClung v. CapehartSupreme Court of Minnesota · 1877
- Mueller v. FruenSupreme Court of Minnesota · 1886
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