Berg v. Stanhope

• Decision Date: 24 April 1890
• Citation: 43 Minn. 176
• Parties: JOHN S. BERG and another <I>vs.</I> A. J. STANHOPE and another.
• Court: Minnesota Supreme Court

43 Minn. 176

JOHN S. BERG and anothervs.

A. J. STANHOPE and another.

Supreme Court of Minnesota.

April 24, 1890.

Appeal by defendant Isaac Patterson from an order of the district court for Isanti county, Hicks, J., presiding, overruling his separate demurrer to the complaint.

J. A. Ross and J. L. Dobbin, for appellant.

H. F. Barker, for respondents.

GILFILLAN, C. J.¹

Appeal from an order overruling a demurrer to the complaint. One ground of demurrer was that several causes of action are improperly united. The complaint contains three counts, all alike so far as obnoxious to the above ground of demurrer. Each alleges a request by defendant Stanhope to do certain work, and a promise by him to pay for it, and a separate promise by defendant Patterson to pay for the same work. No joint employment or promise is alleged. In other words, a separate cause of action against each defendant, but no joint cause of action against both, is alleged.

The case comes within the decision in Trowbridge v. Forepaugh, 14 Minn. 100, (133,) in which it was held that the statute forbids the joinder of causes of action which do not affect all the parties. The liability of each defendant depends on the contract or promise of himself, to which the other was not a party, and by which he was not affected.

Order reversed.

1. Mitchell, J., was absent, and took no part in this decision.