Rice v. Wilson

Citations

• 225 F. 159
• 1915 U.S. Dist. LEXIS 1234

Syllabus

<p>1, Equity <@=141—Pleading Fraud—Allegations of Facts.</p> <p>A bill In a suit, founded on fraud must aver particularly the facts constii uling the fraud.</p> <p>¡Fd. Note.—For other cases, see Equity, Cent. Dig. §§ 323-330, 333; Dec. Dig. <§=>141.]</p> <p>2, Equity <@=>348—Evidence—Fraud.</p> <p>Fraud justifying relief in equity must be strictly proved.</p> <p>¡Ed. Note.—For other cases, see Equity, Cent. Dig. §§ 20, 728-730; Dee. Dig. <§=>348.]</p> <p>3, Cancellation of Instruments <@=>25—Grounds—Fraud.</p> <p>A court of equity will not rescind a contract for fraud, where the position of the parties has been so altered by the execution of the contract, in whole or in part, that they cannot be restored approximately to their origina 1 position and a rescission would work gross inequity, but the wronged party is usually confined to on action at law.</p> <p>[Ed. Note.—For other cases, see Cancellation of Instruments, Dec. Dig. <§=25.]</p> <p><g=>I'or othOT casos ace same topic & KEY-NUMBER in all 'Key Numbered Digests & indexes</p> <p>4. Injunction <S==>147—Temporary Injunction—Evidence—Sufficiency.</p> <p>In a suit to restrain a buyer of corporate stock from voting tke same, or disposing of it, on tke ground that the stock was obtained by fraud, and for a return of the stock, evidence held not to show such fraud in the procurement of the transfer as to justify a preliminary injunction.</p> <p>[Ed. Note.—For other cases, see Injunction, Cent. Dig. §§ 320-322; Dec. Dig. <S=>147.]</p> <p>other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>