Daniel v. Gordy
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, judge; 1. No one can take advantage of his own wrong. It was Gordy’s misrepresentations and fraud that placed Daniel in the position of liability as a member of the firm, x Ark. 497-9; 2 Id., 73-80; 4 Id., 173-4; 35 Id., 483; 17 Id., 71; 50 Cal., 498; Bigelow on Fraud, 201; Bates on Part., § 514; 33 Penn.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, judge; 1. No one can take advantage of his own wrong. It was Gordy’s misrepresentations and fraud that placed Daniel in the position of liability as a member of the firm, x Ark. 497-9; 2 Id., 73-80; 4 Id., 173-4; 35 Id., 483; 17 Id., 71; 50 Cal., 498; Bigelow on Fraud, 201; Bates on Part., § 514; 33 Penn. St. (9 Casey), 358. 2. Plaintiff elected to stand on second settlement of notes, and he can not look to the first settlement executed by different parties. 10 N. H. 77; 56 N. Y. 402; 40 Oh. St. 431; 4 Yates (Pa.), 337; 171 Penn. St. 82;…
1Opinion of the CourtHart, J.
The Smith Grain Company, of which appellant, Daniel, was a member, was a partnership in the city of Little Rock. Appellee, Gordy, was a clerk in its employ. On December 3, 1900, Gordy lent the firm two thousand dollars, for which it executed its notes. On February 4, 1901, it executed other notes to take up the first series. None of the notes were paid, and Gordy brought suit against Daniel upon the second set, alleging that he was a member of the firm of Smith Grain Company. Daniel did not deny the advancing of the money or the execution of the notes, but set up some other defense not…
2Cases cited1 opinion
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3Cited by7 opinions
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