Miller v. Welles
Supreme Court of Connecticut
Nancy Miller brought her bill in chancery, to the superior court, against Thaddeus Welles, alleging that, on or about the-day of-, she delivered to the defendant three thousand dollars, her own proper moneys, upon the special trust and confidence that the defendant should account to her therefor, on demand; that the defendant received said moneys upon such trust and confidence, and so to account therefor.
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Nancy Miller brought her bill in chancery, to the superior court, against Thaddeus Welles, alleging that, on or about the-day of-, she delivered to the defendant three thousand dollars, her own proper moneys, upon the special trust and confidence that the defendant should account to her therefor, on demand; that the defendant received said moneys upon such trust and confidence, and so to account therefor. Also alleging, that, if the court should be of the opinion, that if the defendant did not so receive the said moneys, and the same were not delivered to him by the plaintiff, to be accounted…
1Opinion of the CourtChurch, C. J.
If, from the facts found and reported by the committee in this case, we can discover nothing more than such as would sustain an action at law against the respondent, for false and fraudulent representations of the credit and solvency of the Eagle Manufacturing Company, whereby the plaintiff was induced to loan them the money, and take the note described in her bill, we should not find enough to sustain this application in equity, as the remedy at law would be entirely adequate. It is an ancient principle of the common law, that where both fraud and damage concur, the law will give relief; a…
2Cases cited1 opinion
- Upton v. VailNew York Supreme Court · 1810
3Cited by2 opinions
- Tompkins v. HollisterMichigan Supreme Court · 1886
- Gray's Appeal From Street CommissionersSupreme Court of Connecticut · 1907