McComb, Simpson & Co. v. Thompson
Supreme Court of Minnesota
This is an Appeal from a judgment of tbe District Court of Ramsey County, upon a demurrer of an Answer. Tbe issues raised in tbis Court will appear at length in tbe Opinion of tbe Court. The following are the points and authorities of counsel for Appellants: The Court below erred in sustaining the Plaintiff’s demurrer to the Defendant’s answer, in that First. The facts stated in said Defendant’s answer, constitute a good and valid defence to the action.
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This is an Appeal from a judgment of tbe District Court of Ramsey County, upon a demurrer of an Answer. Tbe issues raised in tbis Court will appear at length in tbe Opinion of tbe Court. The following are the points and authorities of counsel for Appellants: The Court below erred in sustaining the Plaintiff’s demurrer to the Defendant’s answer, in that First. The facts stated in said Defendant’s answer, constitute a good and valid defence to the action. See the answer, folios 24 to 31. Second. The Plaintiff could not recover on the original contract for the sale of the cattle, as it is…
1Opinion of the Court
*143 By the Court
C. E. Elandrau, J.
The following facts are admitted by the pleadings. That on the 25th day of August, 1856, the Defendants McComb, Simpson & Co, now the Appellants, were partners in trade at Stillwater in the then Territory of Minnesota. That on said 25th day of August 1856, the Plaintiff Thompson sold and delivered to the Defendants cattle to the value of seven hundred dollars. That in consideration of the said sale of cattle, the Defendants procured one George A. Wells to make his promissory note for seven hundred dollars, payable to the order of the Plcmvtiff., in three months…
2Cases cited1 opinion
- Moore v. CrossNew York Supreme Court · 1857
3Cited by7 opinions
- Conklin v. HindsSupreme Court of Minnesota · 1871
- Peckham v. M. D. Gilman & Co.Supreme Court of Minnesota · 1862
- Browns Valley State Bank v. PorterCourt of Appeals for the Eighth Circuit · 1916
- E. L. Welch Co. v. GillettWisconsin Supreme Court · 1911
- Robinson v. BartlettSupreme Court of Minnesota · 1866
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