Tischler v. Robinson

Citations

• 79 Fla. 638
• 84 So. 914

Syllabus

<p>1. Fraud is not to be presumed, but must be proved. It cannot be made to depend upon presumptions not legitimately drawn from the facts.</p> <p>2. The voluntary assignment of one’s interest in property to a relative when the assignor is neither insolvent nor in failing circumstances is not a fraudulent transaction per se and invalid as to creditors.</p> <p>3. Where relief is asked, based upon allegations of fraud alleged to have been committed by a person who has since deceased, the evidence of such fraud should be clear and convincing to support a decree granting the relief.</p> <p>4. Tlie presumption exists that business transactions between individuals are honest and made without fraud, and he who asserts the particular transaction to-be of a different character must prove it.</p>