Lace v. Fixen
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Henne-pin county, Young, J., presiding, refusing a new trial.
1Opinion of the CourtMitchell, J.
Bad pleading and irregular practice have put this case in a very anomalous condition. A suit brought to recover money of the plaintiff, had and received by Fixen for the use of the plaintiff, has, during its progress, been transformed into an action by Fixen and Kelley against plaintiff for a settlement and accounting of a partnership formerly existing between the three. Plaintiff’s com*47plaint was the ordinary one, to recover money had and received by Fixen for the use of plaintiff. Fixen answered — First, denying the allegations of the complaint; and, secondly, alleging that the money which…
2Cases cited4 opinions
- Campbell v. JonesSupreme Court of Minnesota · 1878
- Greenleaf v. EganSupreme Court of Minnesota · 1883
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Ayres v. O'FarrellThe Superior Court of New York City · 1863
3Cited by13 opinions
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
- First National Bank v. LaughlinNorth Dakota Supreme Court · 1894
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Meek v. De LatourCalifornia Court of Appeal · 1905
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