Leithauser v. Baumeister
Supreme Court of Minnesota
Appeal by defendants Baumeister and Bernard Naegeler (impleaded with John Comes) from an order of the municipal court of St. Paul, denying their motion for a new trial after trial by the court and judgment of $280, with interest at 7 per cent, per annum from November 1, 1887, ordered against the defendants and each of them.
1Opinion of the CourtDickinson, J.
Prior to November 30, 1887, the three defendants were copartners, engaged in business under the name of John Comes *152& Co., and as such copartners they were indebted to a partnership firm, (Matt Leitkauser & Co.,) to whose rights the plaintiff has succeeded, in the sum of $280. The partnership was dissolved at the time above stated. This action is to recover on that indebtedness. The defendants, Naegler and Baumeister, plead in defence that, by a contract between the defendants at the time of the dissolution, Comes became obligated to pay this debt; that after the dissolution Comes formed…
2Cases cited5 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Smith v. SheldenMichigan Supreme Court · 1876
- Miller v. McCanNew York Court of Chancery · 1839
- Reynolds v. Steamboat FavoriteSupreme Court of Minnesota · 1865
- Wheaton v. WheelerSupreme Court of Minnesota · 1881
3Cited by6 opinions
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Preston v. GarrardSupreme Court of Georgia · 1904
- Way v. MooersSupreme Court of Minnesota · 1917
- McAreavy v. MagrilSupreme Court of Iowa · 1904
- Davison v. SherburneSupreme Court of Minnesota · 1894
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