Rauch v. Donovan

2 Citing cases

  1. Mechanics State Bk. v. Tuf-Nut Mfg. Co.

    185 Miss. 589 (Miss. 1939)   Cited 4 times

    We call attention to the following authorities demonstrating that the record in this case brings to the conclusion that only a joint adventure was here undertaken from which one of the joint adventurers may not profit at the expense of two others, especially when the forty guarantors were released through the acts of the complainant, appellant here. 33 C.J., pages 841, 865, 867 and 868; Rauch v. Donovan, 126 App. Div. 52, 110 N.Y.S. 690; Keiswetter v. Rubenstein, 235 Mich. 36, 209 N.W. 154, 48 A.L.R. 1049; Connell v. Mulligan, 13 S. M. 388. In Fulton v. Woodman, 40 Miss. 593, the court held that equity had complete jurisdiction of an action between joint adventurers for rescission of the contract and to state an account between the parties.

  2. Weisner v. Benenson

    275 App. Div. 324 (N.Y. App. Div. 1949)   Cited 19 times

    Fairchild v. Fairchild ( 64 N.Y. 471) involved real estate purchased for and appropriated to partnership purposes, and paid for out of partnership funds. In Rauch v. Donovan ( 126 App. Div. 52) plaintiff refrained from bidding at an auction sale in reliance upon defendant's promise to purchase land for their joint account. The facts in these cases relied on by respondent to support the judgment appealed from are not in the present record.