Birdsall v. Fischer
Supreme Court of Minnesota
This action was brought in the district court for Rice county by the payees of a joint promissory note against the makers. The defendant Fischer in a separate answer alleged as a counterclaim, a separate demand of his own against the plaintiffs. The judge who tried the cause, (a jury being waived,) struck out the counter-claim upon plaintiffs’ motion made at the trial, and ordered judgment for the plaintiffs, from which the defendants appeal.
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This action was brought in the district court for Rice county by the payees of a joint promissory note against the makers. The defendant Fischer in a separate answer alleged as a counterclaim, a separate demand of his own against the plaintiffs. The judge who tried the cause, (a jury being waived,) struck out the counter-claim upon plaintiffs’ motion made at the trial, and ordered judgment for the plaintiffs, from which the defendants appeal. The case is sufficiently stated in the opinion.
1Opinion of the Court
By the Court.
Berry, J.
The complaint in this case alleges the partnership of the plaintiffs, but the promissory note declared on is stated to have been made payable to the plaintiffs, not to the plaintiffs as partners nor to the^rm composed of the plaintiffs, and the plaintiffs are alleged to be the lawful owners and holders of the note. Under this form of pleading, the allegation of partnership may, (in accordance with the view taken in Jaeger vs. Hartman, 13, Minn 57,) be regarded as surplusage and of course unnecessary to be proved. As the making of the note and the amount paid thereon, as…
2Cases cited4 opinions
- Dale v. CookeNew York Court of Chancery · 1819
- Murray & Murray v. Toland & MeadeNew York Court of Chancery · 1818
- Gates v. SmithSupreme Court of Minnesota · 1858
- Barker v. WalbridgeSupreme Court of Minnesota · 1869
3Cited by5 opinions
- Overmire v. HaworthSupreme Court of Minnesota · 1892
- Balch v. WilsonSupreme Court of Minnesota · 1878
- Gates v. McClenahanSupreme Court of Iowa · 1904
- Isenburger v. Hotel Reynolds Co.Massachusetts Supreme Judicial Court · 1901
- Martin v. JAMES B. BERRY SONS'CO.Court of Appeals for the First Circuit · 1936