Fallgatter v. Lammers
Supreme Court of Minnesota
Action in the district court for Jackson county to recover a balance due of $1,568.75. The complaint alleged that pláintiffs were grain brokers in business at Minneapolis, and made certain specified purchases and sales of wheat for future delivery at the special instance and request of defendant; that all the purchases and sales were made “on the Chamber of Commerce” of Minneapolis and in accordance with its rules governing such transactions; that in making the purchases and…
Read the full summary
Action in the district court for Jackson county to recover a balance due of $1,568.75. The complaint alleged that pláintiffs were grain brokers in business at Minneapolis, and made certain specified purchases and sales of wheat for future delivery at the special instance and request of defendant; that all the purchases and sales were made “on the Chamber of Commerce” of Minneapolis and in accordance with its rules governing such transactions; that in making the purchases and sales plaintiffs advanced certain sums amounting to $1,818.77, and were entitled to commissions aggregating $50.…
1Opinion of the CourtCanty, J.
This action was brought in Jackson county, where the defendant resides. Defendant demurred to the complaint, on the ground that it does not state a cause of action. Thereupon plaintiffs noticed the demurrer for argument “before the court at his chambers in the city of Wells, in the county of Faribault,” on August 5, 1897, at 10 a. m. The notice was served more than eight days before the time set for hearing. Plaintiffs appeared at the hearing. Defendant failed to appear. The demurrer was overruled, with leave to defendant to answer, and he appeals from the order overruling the same.
Both…
2Cases cited3 opinions
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Hutchins v. County CommissionersSupreme Court of Minnesota · 1870
- Keyes v. ClareSupreme Court of Minnesota · 1889
3Cited by1 opinion
- Johnson v. VelveSupreme Court of Minnesota · 1902