McCarthy v. Nash
Supreme Court of Minnesota
This action was commenced in the Court of Common Pleas, Itamsey county. The material allegations of the complaint are substantially as follows : That before and until the 20th day of September, 1866, the plaintiff and one M. T. Murphy were partners in the grocery business, under the firm name of J. C. McCarthy & Co.; that on that day the plaintiff and defendant made an agreement in writing, by which, for the consideration of $1200, and an undertaking by the defendant “ to…
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This action was commenced in the Court of Common Pleas, Itamsey county. The material allegations of the complaint are substantially as follows : That before and until the 20th day of September, 1866, the plaintiff and one M. T. Murphy were partners in the grocery business, under the firm name of J. C. McCarthy & Co.; that on that day the plaintiff and defendant made an agreement in writing, by which, for the consideration of $1200, and an undertaking by the defendant “ to pay and discharge all the debts and liabilities of the said firm of J. C. McCarthy & Co., and to indemnify and save…
1Opinion of the Court
*129 By the Oourt
Bbeey, J.
To maintain this action it was sufficient for the plaintiff, under the issues made by the pleadings, to prove that the firm of J. C. McCarthy & Co. were liable to Schwab, McQuaid & Smith for the bill of goods alleged to have been purchased of the latter by the former, and that the plaintiff had been compelled to ' pay for and had paid for the same. There was testimony tending to show that there was a firm styled Schwab, McQuaid & Smith; that it was composed of' Charles IT. Schwab, Edward McQuaid, and John B. Smith, as alleged in the complaint (if this be important); that…
2Cases cited1 opinion
- Boutwell v. O'KeefeNew York Supreme Court · 1860
3Cited by7 opinions
- Ruprecht v. RuprechtSupreme Court of Minnesota · 1959
- Atwood v. AtwoodSupreme Court of Minnesota · 1958
- Wilcox v. HedwallSupreme Court of Minnesota · 1932
- Ferch v. HillerSupreme Court of Minnesota · 1941
- Buffalo Land & Exploration Co. v. Hugh P. StrongSupreme Court of Minnesota · 1907
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