Altona v. Electric Manufacturing Co.
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $381.15 for goods sold. The answer alleged that defendant paid to plaintiff on account the sum of $177; that defendant was entitled to a further credit of $3.80 and for a two per cent discount agreed upon between them, and confessed judgment in the sum of $199.55 with interest.
Read the full summary
Action in the municipal court of St. Paul to recover $381.15 for goods sold. The answer alleged that defendant paid to plaintiff on account the sum of $177; that defendant was entitled to a further credit of $3.80 and for a two per cent discount agreed upon between them, and confessed judgment in the sum of $199.55 with interest. The case was tried before Finehout, J., and a jury which returned a verdict for $203.15. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed. Affirmed on condition defendant consent to an increase of the…
1Opinion of the CourtDibell, J.
Action for goods sold. There was a verdict for the plaintiff for a less amount than he claimed. He appeals from the order denying his alternative motion for judgment or a new trial.
1. The principal question is whether Mahlman was a member of a copartnership known as Mahlman-Altona & Company or held out by Altona as such so that the defendant is protected in a payment which it made to Mahlman for goods purchased of Mahlman-Altona & Company. The plaintiff claims that he was a sole trader under such name and that Mahlman was not and was not held out as being interested.
In 1915 the plaintiff…
2Cases cited1 opinion
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
3Cited by3 opinions
- Bierlein v. GagnonSupreme Court of Minnesota · 1959
- Dillon v. City of St. PaulSupreme Court of Minnesota · 1952
- Dillon v. City of St. PaulSupreme Court of Minnesota · 1952