Mathews v. Wayne Junction Trust Co.

Citations

• 197 F. 237
• 1912 U.S. Dist. LEXIS 1418

Syllabus

<p>Contracts (§ 138*) — Fraudulent Transaction — Proof in Rebuttal — Relief.</p> <p>A certificate of deposit and an ordinary collateral note being involved in a fraudulent transaction between a life insurance company and defendant trust company, plaintiff, as receiver of the insurance company, sued on the certificate, which, being inuocent on its face, was suffi ■ dent to establish a prima facie case. Defendant thereupon put in evidence the ordinary collateral note, accompanied by a contract in writing, also regular and innocent on its face, which completely answered plaintiff’s prima facie evidence, whereupon he was compelled in rebuttal to prove the fraudulent transaction. Held, that plaintiff could not recover without calling on the fraud for help, and hence relief would be denied.</p> <p>TEd. Note. — For other cases, see Contracts, Cent. Dig. §§ 681-700; Dee. Dig. i 138.*]</p>