Legal Opinion

Brooks v. Martin

Supreme Court of the United States

Decided March 21, 1864PublishedCited by 188 opinions

Martin filed a bill in 'equity in tbe Federal Court of Wisconsin to set aside a contract of sale which he had made to Brooks of his interest in a partnership venture, and for an account and division of the profits; the ground of the prayer being his own alleged embarrassed condition at the time of the sale ; his .ignorance of .the partnership "business; fraud, on the part of the defendant, Brooks; concealment b.y Brooks 'of what he knew; misrepresentation in what ne…

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Martin filed a bill in 'equity in tbe Federal Court of Wisconsin to set aside a contract of sale which he had made to Brooks of his interest in a partnership venture, and for an account and division of the profits; the ground of the prayer being his own alleged embarrassed condition at the time of the sale ; his .ignorance of .the partnership "business; fraud, on the part of the defendant, Brooks; concealment b.y Brooks 'of what he knew; misrepresentation in what ne professed to tell; and want of consideration proportioned to tbe real value of the interest which the complainant had in the…

1Opinion of the Court

Mr. Justice MILLER,

stating the facts of the case, as he proceeded, and showing that its different parts were proved by the testimony, delivered the opinion of the court to the following effect:

We think that, in point of fact, the allegation of the an*79swer, — that tbe traffic in which this firm engaged was the buying up of soldiers’ claims, before any scrip or land warrants were issued, and not the purchase and sale of bounty land warrants and Scrip, — is true. We have as little doubt that the traffic was illegal. Undoubtedly, the main object of the ninth section of the act of February 11,…

2Cases cited1 opinion

  1. Belding v. PitkinNew York Supreme Court · 1804

3Cited by188 opinions

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
  3. Lewis v. DavisTexas Supreme Court · 1947
  4. Loughran v. LoughranSupreme Court of the United States · 1934
  5. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890

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