French v. Raymond
Supreme Court of Vermont
Appear in Chancery. Heard on demurrer to the bill for want of equity at the September Term, 1908, Windham County, Powers, Chancellor. Demurrer overruled; bill adjudged sufficient and taken as confessed; and decree for the orator. The defendant appealed. Fraud vitiates everything. The bill alleges that the orator failed to obtain justice because of defendant’s fraud. That gives equity jurisdiction to grant the relief demanded.
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Appear in Chancery. Heard on demurrer to the bill for want of equity at the September Term, 1908, Windham County, Powers, Chancellor. Demurrer overruled; bill adjudged sufficient and taken as confessed; and decree for the orator. The defendant appealed. Fraud vitiates everything. The bill alleges that the orator failed to obtain justice because of defendant’s fraud. That gives equity jurisdiction to grant the relief demanded. Burton v. Wiley, 26 Yt. 430; Emerson v. Udall, 13 Yt. 477; Pettes v. Bank of Whitehall, 17 Yt. 435; Carrington v. Holabird, 17 Conn. 530; Wingate v. Haygood, 40 N. H.…
1Opinion of the Court
Rowell, O. J.
This is a bill in chancery to set aside an award between the parties, for that the defendant purposely and designedly testified falsely before the arbitrators concerning divers matters and things in issue and on trial before them, whereby and by means whereof the arbitrators were cheated and deceived into awarding for the defendant and against the orator. This is the sum and substance of the bill, which is demurred to for want of equity, and the objection is well taken.
The orator says that fraud vitiates everything. But this maxim applies only when proof of fraud is admissible,…
2Cases cited2 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Camp v. WardSupreme Court of Vermont · 1897
3Cited by8 opinions
- Karppinen v. Karl Kiefer MacHine Co.Court of Appeals for the Second Circuit · 1951
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
- Rosee v. Board of TradeAppellate Court of Illinois · 1976
- Deyette v. DeyetteSupreme Court of Vermont · 1918
- Morris v. Travelers' Ins.U.S. Circuit Court for the District of Vermont · 1911
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