Washington Slate Co. v. Burdick
Supreme Court of Minnesota
Action in the district court for Hennepin county against the defendants, as partners, for a balance due for merchandise bought of the plaintiff. The material allegations in the separate answer of the defendant Hewson, and in the reply thereto, are stated in the opinion. At the trial the court refused to allow the answer to be amended by adding an allegation that the plaintiff extended the time of payment to the defendant Burdick without the consent of the defendant Hewson.
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Action in the district court for Hennepin county against the defendants, as partners, for a balance due for merchandise bought of the plaintiff. The material allegations in the separate answer of the defendant Hewson, and in the reply thereto, are stated in the opinion. At the trial the court refused to allow the answer to be amended by adding an allegation that the plaintiff extended the time of payment to the defendant Burdick without the consent of the defendant Hewson. The evidence showed that the defendant Burdick mailed to the plaintiff, at its home office, his promissory note, the…
1Opinion of the CourtCanty, J.
This is an action for a balance due for merchandise sold by plaintiff to defendants as partners. The defendant Hew-*271son answered, admitting the partnership between him and the defendant Burdick, and the sale of the goods to them, but alleged that the partnership was afterwards dissolved, and that the defendant Burdick, for a valuable consideration, assumed and agreed to pay all the indebtedness of the firm, including this indebtedness, and that due notice of this agreement was given to plaintiff; that thereafter, on October 18, 1S93, Burdick made and delivered to plaintiff his individual note…
2Cases cited2 opinions
- Shepherd v. MaySupreme Court of the United States · 1885
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
3Cited by15 opinions
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- Patnode v. DeschenesNorth Dakota Supreme Court · 1906
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