Legal Opinion

Culver v. Banning

Supreme Court of Minnesota

Decided October 15, 1872PublishedCited by 6 opinions

This action was brought in the district court for Ramsey county, and was tried before a referee, whose conclusion of law upon the facts found by him was, “ that the plaintiffs have no cause of action.” A motion for a new trial was made by the plaintiffs before the court, and from its order 'denying such motion they appeal.

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This action was brought in the district court for Ramsey county, and was tried before a referee, whose conclusion of law upon the facts found by him was, “ that the plaintiffs have no cause of action.” A motion for a new trial was made by the plaintiffs before the court, and from its order 'denying such motion they appeal. I. When several persons promise to contribute, to a comnion object, which they wish to accomplish, the promise of each is a good consideration for the promises of the others. Incurring expenses and assuming liabilities in consequence of a promise, are a sufficient…

1Opinion of the Court

By the Court.

Ripley, Ch. J.

The plaintiffs insist that the agreement of the defendant to give the sum set opposite his name, was made upon a legal and valid consideration. To induce Winslow to build a hotel for himself on a certain site, which appears from the subscription paper itself to have been the object of the subscription, does not appear in this case to have been a matter of public interest; nor is it shown that the* defendant had therein any pecuniary interest. An agreement with Winslow to give him a certain sum to induce him to purchase himself a suit of clothes, would not have been…

2Cases cited2 opinions

  1. Barnes v. . PerineNew York Court of Appeals · 1854
  2. Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814

3Cited by6 opinions

  1. Farmers Co-Operative Assn. of Bertha v. KotzSupreme Court of Minnesota · 1946
  2. Wilcox v. LandbergSupreme Court of Minnesota · 1882
  3. Gilbert v. GonyeaSupreme Court of Minnesota · 1908
  4. Lathrop v. ClaytonSupreme Court of Minnesota · 1890
  5. Stapp v. ClydeSupreme Court of Minnesota · 1890

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