Gwinn v. Rooker
Supreme Court of Missouri
Error to Howard Circuit Court. Allen Gwinn seeks in the present proceeding to recover of Rooker the amount paid by him as security upon certain sealed notes, executed in the name of the firm of H. Gwinn & Co.3 •which firm was composed of said Rooker and H. Gwinn. These sealed notes or bonds were executed by H. Gwinn, in the name of the firm, for a partnership debt. A. Gwinn signed these bonds as security.
Read the full summary
Error to Howard Circuit Court. Allen Gwinn seeks in the present proceeding to recover of Rooker the amount paid by him as security upon certain sealed notes, executed in the name of the firm of H. Gwinn & Co.3 •which firm was composed of said Rooker and H. Gwinn. These sealed notes or bonds were executed by H. Gwinn, in the name of the firm, for a partnership debt. A. Gwinn signed these bonds as security. There was evidence tending to show the assent of Rooker to their execution, and of his ratification and adoption of the same. The facts sufficiently appear in the opinion of the court. I.…
1Opinion of the CourtScott, Judge
The pleadings in this case do not raise the question how far a court of equity will go in giving relief in the case of a bond executed by one partner in the name of the firm for a partnership debt, on the ground that both parties were under a mistake as to the legal effect of the execution of the bond and its operation to discharge all but the individual partner who sealed it. The cases of Sale v. Dishman’s Exec’r, 3 Leigh, 544, and McNaughton v. Partridge, 11 Ohio, 226, maintain that courts of equity will grant relief under such circumstances. Somewhat analagous is the case of Hunt v.…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Doniphan v. GillCourt of Appeals of Kentucky · 1841
- Bentzen v. ZierleinSupreme Court of Missouri · 1836
- Settle v. DavidsonSupreme Court of Missouri · 1842
3Cited by2 opinions
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878