Legal Opinion

Boon v. Miller's Executors

Supreme Court of Missouri

Decided July 15, 1852PublishedCited by 6 opinions

Error to Cooper Circuit Court. The opinion of the court contains a full statement of the facts. contended' that in the settlement between H. L. Boon and John Miller, there was a manifest mistake in the calculation of interest; that this mistake was one of fact, and not of law > that it could not have resulted from a wrong construction of the agreement under which the settlement was made, but must have resulted from accident or inadvertence, and therefore should be relieved…

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Error to Cooper Circuit Court. The opinion of the court contains a full statement of the facts. contended' that in the settlement between H. L. Boon and John Miller, there was a manifest mistake in the calculation of interest; that this mistake was one of fact, and not of law > that it could not have resulted from a wrong construction of the agreement under which the settlement was made, but must have resulted from accident or inadvertence, and therefore should be relieved against by a court of equity. The only question in the books on this subject is,.whether a court of equity will not…

1Opinion of the CourtRylaNd, Judge

This was a bill in chancery, filed by the complainants against John Miller and the executrix of Thomas A. Smith, deceased, in the Howard Circuit Court, and afterwards removed to Cooper Circuit Court, on account of the judge of the Howard'Circuit Court having been of counsel for one of the parties. The following are the material facts, as appears from the bill, answer and exhibits :

The bill was filed in the Howard Circuit Court, in June, 1845, by Hampton L. and William C. Boon, against John Miller and the executors of T. A. Smith, and stated the following case:

In March, 1834, Miller, Smith and…

2Cited by6 opinions

  1. Wilson v. BoughtonSupreme Court of Missouri · 1872
  2. Long v. EisenbeisWashington Supreme Court · 1898
  3. Williams v. Carroll CountySupreme Court of Missouri · 1902
  4. Michie v. GraingerMissouri Court of Appeals · 1910
  5. Commissioners of Montgomery Co. v. FrySupreme Court of North Carolina · 1900

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