Legal Opinion

Brown v. Farnham

Supreme Court of Minnesota

Decided September 15, 1893No. 8230PublishedCited by 6 opinions

Appeal by plaintiff, James F. Brown, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made March ■20, 1893, sustaining a demurrer to his complaint.

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Appeal by plaintiff, James F. Brown, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made March ■20, 1893, sustaining a demurrer to his complaint. The complaint stated that on January 26, 1886, defendant Sumner W. Farnham and James A. Lovejoy were partners in business in Minneapolis under the firm name of Farnham & Lovejoy; that the firm then owed plaintiff f12,000; that on that day Lovejoy died testate, and that defendants Winthrop Young, O. C. Merriam and Jeremiah J. Howe, were named executors of his will. On March 12, 1886, the will was proved in the Probate…

1Opinion of the CourtVanderburgh, J.

This action is brought upon a composition agreement executed by defendant Farnham, surviving partner of the firm of Farnham & Lovejoy, and the executors of Lovejoy. This agreement was before the court in the case of Brown v. Farnham, 48 Minn. 317, (51 N. W. Rep. 377.) It is not, however, set out in the report of the case, and its terms are not specially referred to in the opinion, but it was considered, without much discussion, therein, that this instrument fell within the rule laid down in a class of cases to which belong Good v. Cheesman, 2 Barn. & Adol. 328; Goodrich v. Stanley, 24 Conn.…

2Cases cited13 opinions

  1. Austin v. . MunroNew York Court of Appeals · 1872
  2. Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
  3. Schmittler v. . SimonNew York Court of Appeals · 1886
  4. Goodrich v. StanleySupreme Court of Connecticut · 1856
  5. Brown v. EvansSupreme Court of Kansas · 1875

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3Cited by6 opinions

  1. Block v. City of West Palm BeachCourt of Appeals for the Fifth Circuit · 1940
  2. First National Bank of Salem v. JacobsWest Virginia Supreme Court · 1920
  3. Germania Bank v. MichaudSupreme Court of Minnesota · 1895
  4. Brown v. FarnhamSupreme Court of Minnesota · 1894
  5. In re Plaza Music Co.District Court, S.D. New York · 1934

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