Gould v. Emerson
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, for the correction of a mistake made in settling the accounts of a partnership between the parties, for the surrender and cancellation of a promissory note given in pursuance of such settlement, and for the payment of the sum found due to the plaintiff upon the taking of an account.
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Bill in equity, filed in the Superior Court, for the correction of a mistake made in settling the accounts of a partnership between the parties, for the surrender and cancellation of a promissory note given in pursuance of such settlement, and for the payment of the sum found due to the plaintiff upon the taking of an account. Hearing before HopTcins, J., who ordered a decree for the plaintiff, from which the defendant appealed to this court; and the judge, at the defendant’s request, reported the facts found by him material to the decree, which sufficiently appear in the opinion.
1Opinion of the CourtAllen, J.
There was a plain mistake in the giving of the note for $10,000 to the defendant. It should have been for only $5,000. There was no fraud, but it was a case of mutual mistake as to the manner of carrying out what had been settled and agreed on. Upon dissolving the partnership between the plaintiff and the defendant, the plaintiff was to take the goods on hand and pay the defendant for his interest therein. The value of the goods was fixed at $16,000, and the plaintiff gave to the defendant his note for $8,000, and this has been paid. There was no mistake as to this. But the plaintiff had…
2Cases cited9 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Paine v. . UptonNew York Court of Appeals · 1882
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Wilson v. . RandallNew York Court of Appeals · 1876
- Hutchinson v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1891
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- Bowker v. TorreyMassachusetts Supreme Judicial Court · 1912
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