St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-09
B. F. King, respondent, VS.. Nichols q Shep-
ard Co., appellant. Order affirmed.
IL

O.,
GnFILLAN, G. j.
In an action on a contract to put ma
chine in good condition, the objection
that the complaint does not state
specifically the particulars in which it
was defective, ought to be made by mo-
ton to require the complaint to be made
more definite and certain.
Evidence held sufficient to sustain the
verdict.
Rule that, when an objection to evil
dence offered is of such character
that other evidence may remove it, the
objection must be specifically stated
when the evidence is offered, applied.
In such an action as above an allega-
ton that plaintiff will be obliged to eX-
pend specified sum to put the machine
in good condition, is equivalent to all
allegation, that the reasonably neces-
sary cost will be such.
Rufus C. jefferson and James Kassou, part
ners as Jefferson & Kasson, appellants, VS.:
Carl Asch ct al, respondents. Order affirmed.
GILFILLAN, c. j.
A stranger to a contract between
Others in which one of the parties prom
lses to do something for the benefit of
such stranger, there being nothing but
the promise. no consideration from such
stranger, and no duty or obligation to
him on the part of the promlser, cannot
recover upon it.
Samuel Fountain. respondent. vs.. Joseph
Menard ct al, appellants. Order affirmed.
GILFILLAN, G. j.
A partnership may be formed by
parole for the purpose of buying, I'M.
proving and selling particular piece or
real estate. Evidence held to justify
findings of fact
Michael Donahue, respondent. vs.. Estate of
Michael Donahue, deceased, appellant
Order affirmed. GILFILLAN, G. j.
The presumption that son who,
after arriving at his majority, continues
member of his fathers family. work
ing for him apparently as before, is
working for mis- support as in his MI
nority may be overcome. and an agree
ment by the father to pay for the sons
work after majority proved,by evidence
indirect or circumStantial, by the con-
duct or conversations Of the parties or
the admissions of the father.
In an act on to recover for such work.
a request by defendant to charge that
"the evidence must be clear. direct and
certain" is Objectionable, as 1t may mis-
lead the jury.
Frank P. O'Neill appellant vs.. Anna R.
johnson, respondent Judgment reversed.
GILFILLAE, G. j.
Complaint held to state cause of &C
ton for malicious prosecution.
An action will lie for malicious prose-
cution of civil action.
The allegations. being in effect, that
garnishment in the action prevented
the payment of S54 to plaintiffs firm,
that by reason Of its non-payment they
were unable to pay their rent and EN-
ployes, and because they were 80 I'M
able their landlord became dissatisfied
and terminated their lease. and their
employees became dissatisfied and re-
fused to work. and in consequence
thereof their business was ruined; held
the injury to the business was not the
natural and proXimate result OF the gar
nishment, and the damage too remote
and speculative.
In re assignment of Minnehaha Driving Park
Association of Minneapolis; Wayland 3.
Augir, assignee, respondent VS.. chester b.
Dickens ct al, appellants. Order affirmed.
GILFILLAN, c. j.
In proceedings under Laws 1881,
chapter 145, upon an assignment by
corporation for the benefit of its credit
ors. the court may make or direct calls
upon the unpaid subscriptions to stock
subject to call,
Such q call does not determine the
liability of stockholders, but only makes
due and payable whatever they may be
liable for under call, so that suit may
be.brought tor it.
The authority OF the court to call in
unpaid subscriptions depends on the
necessity of applying them to payment
OF debts.
Under that chapter proof of claims
against the insolvent is in the first
instance to be made to the receiver or