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.)
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.