Brown v. Fagan
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. cited 1 Story Eq. Jur., § 142; Daniel v. Mitchell, 1 Story 173; Marvin v. Bennett, 8 Paige 312; Leger v. Bonnaffe, 2 Barb. 475; Irick v. Fulton, 3 Gratt. 193 ; Miles v. Stevens, 3 Barr 21; Allen v. Hammond, 11 Pet. 63; Kerr ,on Fraud and Mistake, 409, 424, 431; 1 Fonbianqne Eq., 114; Hitchcock v. Giddings, Daniell 1; Buck v. Fawcett, 3 P. Wms. 242; The Hiram, 1 Wheat. 443; Boon v. Miller, 16 Mo. 468 ;…
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Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. cited 1 Story Eq. Jur., § 142; Daniel v. Mitchell, 1 Story 173; Marvin v. Bennett, 8 Paige 312; Leger v. Bonnaffe, 2 Barb. 475; Irick v. Fulton, 3 Gratt. 193 ; Miles v. Stevens, 3 Barr 21; Allen v. Hammond, 11 Pet. 63; Kerr ,on Fraud and Mistake, 409, 424, 431; 1 Fonbianqne Eq., 114; Hitchcock v. Giddings, Daniell 1; Buck v. Fawcett, 3 P. Wms. 242; The Hiram, 1 Wheat. 443; Boon v. Miller, 16 Mo. 468 ; Bresnehan v. Price, 57 Mo. 424; Hunt v. Rousmaniere, 1 Pet. 13; Cassidy v. Metcalf, 66 Mo. 529 ; Bunse v. Agee, 47 Mo. 270;…
1Opinion of the CourtNorton, J.
This suit is founded on a note executed by defendant to plaintiff' for $1,600. The answer of defendant admits the execution of the note, but sets up, by way of equitable defense, that plaintiff and defendant, on the 24th of July, 1874, entered into a copartnership for the purpose of carrying on the marble business ; that the partnership thus formed continued to do business till the 20th of September, 1875, when it was dissolved; that,upon its dissolution, and on settlement with plaintiff, the note in question was given by defendant, under a mistaken belief on his part that the firm had made…
2Cited by21 opinions
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
- Johnson v. McAboySupreme Court of Missouri · 1943
- Miller v. CoffeenSupreme Court of Missouri · 1955
- Nordyke & Marmon Co. v. KehlorSupreme Court of Missouri · 1900
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