Edwards v. Warner
Supreme Court of Connecticut
Bill in equity for a discovery, and to compel the respondent to account for and pay over to the petitioner the avails of certain real estate claimed to have been obtained from him by fraud ; brought to the Superior Court in New Haven county. The respondent remonstrated against the acceptance of the report of a committee by whom the facts were found, on the ground of the admission of improper evidence.
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Bill in equity for a discovery, and to compel the respondent to account for and pay over to the petitioner the avails of certain real estate claimed to have been obtained from him by fraud ; brought to the Superior Court in New Haven county. The respondent remonstrated against the acceptance of the report of a committee by whom the facts were found, on the ground of the admission of improper evidence. The court (Phelps J.) overruled the remonstrance and passed a decree in favor of the petitioner. The respondent thereupon filed a motion in error and brought the record before this court for…
1Opinion of the CourtHinman, C. J.
The case made by the bill presents a strong ground for equitable relief, and if the facts stated in the report of the committee, together with those found by the court, had been proved without the introduction of improper evidence, we should not hesitate to allow the decree in the petitioner’s favor to stand. And as there are many undisputed and uncontroverled facts all pointing to a result such as the committee and the court came to on the main question in the case, the fraud of the respondent, we regret that the rules of evidence compel us to reverse the decision. The committee allowed the…
2Cases cited2 opinions
- Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
- Gardner v. PrestonSupreme Court of Connecticut · 1805
3Cited by9 opinions
- Williams v. MaislenSupreme Court of Connecticut · 1933
- McKay v. RussellWashington Supreme Court · 1891
- Davis v. MaislenSupreme Court of Connecticut · 1933
- Henry v. KopfSupreme Court of Connecticut · 1925
- Moline-Milburn Co. v. FranklinSupreme Court of Minnesota · 1887
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