154 U.S. 657 - Jouan v. Divoll — 154 U.S. 657

How this case has been cited

Cited by 4 later decisions — most recently May 1943

4 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA.

¶2This decree is affirmed on the facts on the various points stated in.the opinion of the court.

¶3Mr. Chief Justice Waite

¶4delivered the opinion of the court.

¶5We think the evidence shows that Divoll was induced to make his purchase from Cooke on the representation of Jouan that Cooke was the owner of one-half the claim. For this reason Jouan is now estopped from denying Cooke’s title. As Jouan and Cooke have settled all their disputes, and Jouan has been released by Cooke from all further liability to him under the original assignment, Cooke’s representatives are not necessary parties to this suit. This objection does not seem to have been made below.

¶6 *658Mr. J. D. McPherson for appellant.

¶7Mr. J. G. Kimball for appellee. -

¶8By the terms of the assignment to Cooke he was bound to pay all costs and expenses incurred in prosecuting the claim. It was right, therefore, to deduct from Divoll’s share of the money recovered a corresponding share of the expenses.

¶9The decree is Affirmed.