Macauley v. Ryan
| Decision Date | 18 December 1893 |
| Docket Number | 8406 |
| Parties | Harriet Macauley v. Dennis Ryan |
| Court | Minnesota Supreme Court |
Argued December 4, 1893.
Appeal by defendant, Dennis Ryan, from a determination of the District Court of Ramsey County, John W. Willis, J., made April 29, 1893, allowing plaintiff to amend her complaint.
The plaintiff, Harriet Macauley, by her complaint, alleged that on December 31, 1887, she sold and transferred to defendant one hundred shares of the capital stock of the People's Bank and that he agreed to pay her therefor $ 5,375, that he had paid only $ 500 and she demanded judgment for the balance with interest. Defendant denied that he purchased the stock. He alleged that it was pledged to the Bank as collateral security for her indebtedness of $ 4,671.17 to it, and that she authorized him to sell the stock and pay her debt and account for the surplus. That he sold it for $ 5,300 and paid her debt and also paid her $ 500 and he offered her judgment for the residue, $ 182.83. This was denied by the reply.
A jury was waived and the issues were tried April 24, 1893. After hearing the evidence the Court announced that he should decide that the relation of the parties was that of principal and agent, that defendant did not buy her stock but acted under a power of attorney from her and sold it as her agent that he would have dismissed the action if plaintiff had not offered judgment for the $ 182.83, but under the answer he would order judgment for her for that sum. Thereupon plaintiff moved the Court for permission to amend the complaint so as to plead the transaction. Defendant opposed this, but the Court granted the motion on condition that she serve her amended complaint in thirty days and pay all the costs and disbursements defendant had incurred in the action. He was allowed three months thereafter in which to answer. Notes of all this were taken at the time by the shorthand reporter and it was included in the case as settled, but no formal order was entered or findings made. Defendant appealed from this determination. A return was made and filed in this Court and the appeal set down for argument. When it came on for hearing the plaintiff moved to dismiss the appeal.
As there was nothing to appeal from, the appeal is dismissed.
C. D. & Thos. D. O'Brien, for appellant.
Warner Richardson & Lawrence, for respondent.
This case was tried by the court,...
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