Hodgson and Thompson v. Bowerbank and Others was a case heard by the United States Supreme Court in 1810. The dispute arose from an agreement between Hodgson, Thompson, and Bowerbank to purchase land in Kentucky with funds provided by all three parties. After the sale of the land, however, Hodgson and Thompson refused to pay their portion of the debt owed on it due to alleged misrepresentations made by Bowerbank regarding its quality. In response, Bowerbank sued for breach of contract against both men seeking payment for his share as well as damages caused by their refusal to pay theirs. The Supreme Court ultimately held that while there had been some misstatements about the property’s condition at issue in this case they were not material enough or relied upon sufficiently so as to render them actionable under common law principles; thus Hodgson and Thompson were liable for their contractual obligations despite any claims otherwise raised during trial proceedings

In the dissenting opinion of Hodgson and Thompson v. Bowerbank and Others, Justice Story argued that the majority's decision was contrary to established precedent in equity cases. He noted that a court of equity has always had jurisdiction over matters involving trusts, even when those trusts are created by will or deed. Furthermore, he argued that it would be unjust for a party to be deprived of their rights under such an agreement simply because they were not named as parties in the original document creating the trust. In conclusion, Justice Story believed that courts should have equitable powers to enforce agreements between parties regardless of whether they were specifically mentioned in any written instrument or not.