# Smith v. Richards

> Supreme Court of the United States · February 18, 1839 · 38 U.S. 26

URL: https://www.frixlaw.com/law-library/cases/9416376

## Case

- **Full name:** William R. Smith, Appellant, vs. Guy Richards, Appellee
- **Court:** Supreme Court of the United States
- **Decided:** February 18, 1839
- **Citations:** 38 U.S. 26; 13 Pet. 26; 10 L. Ed. 42; 1839 U.S. LEXIS 411
- **Precedential status:** Published
- **Opinion:** Dissent by Story
- **Judges:** Barbour, Story, McLean, Baldwin
- **Cited by:** 108 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9416376

## Opinion text

Mr. Justice Story
dissenting.—
In this case I have the misfortune to differ from a-majority of my brethren. The bill seeks .to set aside-and rescind an executed contract, upon .the ground- of gross premeditated fraud, the contract being confessedly one of great hazard and founded in- speculation. The answer fully and pointedly denies every allegation of fraud, and insists upon the most perfect good faith. The decree, by rescinding the contract, affirms the material charges of fraud stated in *44 the bill.- After a careful consideration, of the evidence in the ¡record, my opinion is, that there is-no just foundation for, or proof .these charges. I do not propose, to review the evidence, though' take a very'diflerent view of it from what has been expressed in the opinion de%éréd by my brother Barbour; and there are, many facts and circumstances, which have struck my mind with great force, which, I regret to .find, are not deemed of equal importance by my brethren. I am not willing, by my silence, to sanction im-.. putations upon the appellant, which, cast so deep a- shade upon his character, which the record showsjas. hitherto been without stain or reproach. In my opinion, the '-appellant' stands acquitted of fraud, the victim, if you please, of a heated and deluded imagination, indulging in golden dreams; but in this respect he is in the same predicament with the appellee, and none other.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9416376. Public record. Not legal advice.