Burk v. Johnson
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Kansas. This was a suit in equity brought by the appellees against the appellant, Burk, for the rescission of a contract and cancellation of certain instruments made in its execution. Burk was the owner of a copyright on a pamphlet known as “Articles of Association and By-Laws of Harrison Mutual Burial Association.”
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Appeal from the Circuit Court of the United States for the District of Kansas. This was a suit in equity brought by the appellees against the appellant, Burk, for the rescission of a contract and cancellation of certain instruments made in its execution. Burk was the owner of a copyright on a pamphlet known as “Articles of Association and By-Laws of Harrison Mutual Burial Association.” The object of an association formed by the adoption of such articles and by-laws was to provide a plan, by mutual an'd periodical assessments of members, whereby funeral expenses of each should be secured. The…
1Opinion of the CourtAdams, Circuit Judge
The gravamen of the bill is the alleged false and fraudulent representations of defendant, and the decree must be sustained, if at all, upon proof of the specific and definite fraud alleged in the bill. “The rule that the court will only grant such relief as the plaintiff is entitled to upon the case made by the bill is most strictly enforced in those cases where plaintiff relies upon fraud. Accordingly, it has been laid down that where the plaintiff has rested his case in the bill upon imputations of direct personal misrepresentation and fraud, he cannot be permitted to support it upon any…
2Cases cited28 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Grimes v. SandersSupreme Court of the United States · 1876
- Baker v. SeldenSupreme Court of the United States · 1880
- Hunt v. RhodesSupreme Court of the United States · 1828
23 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Affiliated Enterprises Inc. v. GantzCourt of Appeals for the Tenth Circuit · 1936
- Bailey v. Lisle Mfg. Co.Court of Appeals for the Eighth Circuit · 1916
- Bank of Loretto v. BoboAlabama Court of Appeals · 1953
- Clemmons v. McGeerWashington Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.