Burney & Co. v. Boone
Burney & Co. v. Boone
Opinion of the Court
We do not, in this case, propose to determine absolutely whether the conveyance executed on the
Each member of the firm of W. J. Boone & Co. has the clear right to bring Boone to a settlement, and, in such settlement, to make him account for the money he has received. Boone would also have the clear right to a credit, at least, for any moneys or expenses he may have incurred for the firm. Whether, in such settlement, Burney is entitled to stand in the place of Boone, and claim his interest in the money received by the latter, we do not now determine. It is clear, on well ascertained principles, that this defense cannot be made in a court of law.
There is, therefore, no error in the several rulings of the circuit court, and its judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.