Legal Opinion

Monson v. St. Paul, Minneapolis & Manitoba Railway Co.

Supreme Court of Minnesota

Decided November 21, 1885PublishedCited by 1 opinion

Appeal by defendant from a judgment of the district court for Clay county, Reynolds, J., presiding, affirming a judgment of a justice of the peace.

1Opinion of the CourtDickinson, J.

A judgment recovered upon trial in justice’s court,, and affirmed upon appeal to the district court, is sought tobe reversed., upon the ground merely that the complaint did not allege that the-defendant was a corporation. The complaint was for breach of an-express contract. The answer alleged payment. Upon the pleadings-the contract stood admitted. The admission of the making of the: contract by the defendant was also an admission of its power and capacity to make the contract. La Grange Mill Co. v. Bennewitz, 28 Minn. 62. Legal responsibility for a breach of its contract by the defendant was…

2Cases cited1 opinion

  1. La Grange Mill Co. v. BennewitzSupreme Court of Minnesota · 1881

3Cited by1 opinion

  1. City of Plankinton v. GrayCourt of Appeals for the Eighth Circuit · 1894

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