Lalone v. United States
Citations
- 164 U.S. 255
- 17 S. Ct. 74
- 41 L. Ed. 425
- 1896 U.S. LEXIS 1856
Syllabus
<p>The rule that in all proceedings instituted to recover moneys or to set aside aticl annul deeds or contracts or other written instruments on the ground of alleged fraud practised by a defendant upon a plaintiff, the evidence tending to prove the fraud and upon which to found a verdict or decree must be clear and satisfactory extends to cases of alleged fraudulent representations, on the faith of which an officer of the government has done an official act upon which rights of the party making the representations may be founded; and in this case the evidence on the part of the plaintiff, when read in connection with that which was given on the part of the defendants, falls far short of the requirements of the rule.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ‘‘[T]he rule is of long standing, and is of universal application, that evidence tending to prove fraud and upon which to found a verdict or decree, must be clear and satisfactory.”
- “In all proceedings instituted ... on the ground of alleged fraud practiced by a defendant upon a plaintiff, the rule is of long standing and is of universal application, that the evidence tending to prove the fraud and upon which to found a verdict or decree must be clear and convincing.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Peckham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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