Legal Opinion

Downey v. City of Red Wing

Supreme Court of Minnesota

Decided May 16, 1913No. Nos. 17,826—(49)PublishedCited by 2 opinions

Action in the district court for Goodhue county to■ recover $500. The facts are stated in the opinion. The case was tried before Johnson, J., and a jury which returned a verdict in favor of plaintiffs. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

1Opinion of the CourtPhilip E. Brown, J.

Action in the nature of money had and received to recover $500 paid to the defendant for a license to sell intoxicating liquors in the city, which the plaintiff claims was not delivered. The defendant appealed from an order denying its motion for a new trial, after verdict for the plaintiff for the amount claimed. The material facts are practically undisputed, and are as follows, being stated most favorably to the plaintiff whenever there is any controversy in regard thereto:

On May 26, 1911, the city council granted the plaintiffs’ application for license to sell intoxicating liquors at a…

2Cases cited1 opinion

  1. City of Jordan v. BespalecSupreme Court of Minnesota · 1902

3Cited by2 opinions

  1. State ex rel. Miller v. ReiterSupreme Court of Minnesota · 1918
  2. Green's Bar Incorporated v. JohnsonSupreme Court of Minnesota · 1967

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