Reports of the Cases Decided in the Appellate Court of Indiana Volume 74

Reports of the Cases Decided in the Appellate Court of Indiana Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...11; 1 Pomeroy, Equity Juris. (3d ed.) 405, 409. Text-writers and many decisions of this court and of our supreme court have declared the principle broad enough to include every instance in which one party, not a mere volunteer, pays a debt for another, who was primarily liable therefor, and which in equity and good conscience the latter should have paid. When equity is invoked it brushes aside mere forms and technicalities and pursuesthe actual relations of the parties to the final culmination thereof, and determines liability, or freedom therefrom, according to the principles of right and justice between the parties. He who seeks the aid of equity must do equity and come into court with clean hands. The undisputed fact is that Fauvre paid the whole debt for which the four joint adventurers were liable. Had the debt been paid by them at the time of the last renewal as between the original obligors, each should have paid the one-fourth thereof. Gates has only been held liable for one-fourth part of the amount of that debt, and he therefore cannot complain of the amount if liable at all. As above shown, Fauvre was legally liable to the payees of the last renewal notes. He was not therefore a mere volunteer when he paid the debt evidenced by those notes. Fauvre had never consented to the release of Gates, nor had he received any consideration for his alleged release. He did nothing to place Gates in a position of disadvantage. Gates remained in the same relative position as to Fauvre and Elliott that he assumed when they entered upon their joint enterprise. Gates was not misled or deceived by what was done. Fauvre's mere knowledge of Moore's contract with Gates to save him harmless by reason of his indorsement of...
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Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • United States
  • English
  • black & white illustrations
  • 1236899016
  • 9781236899019