Opinion

Brooks v. Martin

  • 69 U.S. 70
  • 2 Wall. 70
  • 17 L. Ed. 732
  • 1864 U.S. LEXIS 409
Court
Supreme Court of the United States
Filed
Mar 21, 1864
Status
Published
Author
Catron
On the bench
Miller, Catron
Cited by
180 cases

Questioned by De Leon v. Manuel Trevino & Bro., 49 Tex. 88 (1878)

allegations of fraud sufficient to state claim for rescission

How later courts described this case

  • allegations of fraud sufficient to state claim for rescission
  • setting aside fraudulent contract of sale

Written by the judges who cited it.

Later courts went against this

  • Questioned by De Leon v. Manuel Trevino & Bro., 49 Tex. 88 (1878)

    These cases, it is true, have been questioned, but nevertheless we find them referred to with approval, as we state them, by the Supreme Court of the United States, and cited as authority by this court. (11 Wheat., 258; 17 How., 238; 2 Wall., 70; 18 Tex., 200; 23 Tex., 308.)
    Texas Supreme CourtJan 1, 1878Read it

The opinion

Mr. Justice • CATRON

diss.ented briefly; on the ground that the partnership, having been formed for the purpose of speculating in soldiers’ claims to warrants, the 'original transaction wa,s a fraud upon the act of Congress; violating pubJic'policy; and that in such a case equity does not interfere.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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