Legal Opinion

Fenemore v. United States

Supreme Court of the United States

Decided August 7, 1797PublishedCited by 19 opinions

WRIT of Error to the Circuit Court for the Diftrict of JNew-Jerfey. On the return of the Record, it appeared, that a- declaration in cafe had been filed in this action, containing three Counts ; the firft- and fecond of which, were fpe-cial Counts for a fraud and deceit, and the third was a general-Count, for money had and received by the Defendant to the ufe of the Plaintiff.

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WRIT of Error to the Circuit Court for the Diftrict of JNew-Jerfey. On the return of the Record, it appeared, that a- declaration in cafe had been filed in this action, containing three Counts ; the firft- and fecond of which, were fpe-cial Counts for a fraud and deceit, and the third was a general-Count, for money had and received by the Defendant to the ufe of the Plaintiff. The firjl Count charged the Defendant vi ith an exprefs affumpfitjthatin confideration that the Commiifioner for fettling Continental accounts, would iffue a certificate for 4273 dollars 49 ninetieths, he promifed his…

1Opinion of the Court

Chwse, Jufiice.

Th? judgment' of the Circuit Court ought to be'affirmed, Here is the cafe, cf -a plain fraud. A- man fees up a claim, exhibits cc-louiable vouchers to fupport it, deceives theptiblic officer, obtains a certificate ■ that Ids claim is juft, and, finally, comforts.that certificate into transferable ftock. The 'rsnfiRion is rank from-Rye' beginning to the end;' and the jury have properly found not only the fraud-, but rhe valtle of the certificare obtained by it. The United'States, by adopting the preferí t mode of proceeding, have precluded themfelves frc-ra e-Vi-r disputing…

2Cited by19 opinions

  1. Moore v. MandlebaumMichigan Supreme Court · 1860
  2. State v. HowardSupreme Court of Vermont · 1909
  3. Gonsouland v. RosomanoCourt of Appeals for the Fifth Circuit · 1910
  4. B. v. Emery & Co. v. WilkinsonCourt of Appeals for the Tenth Circuit · 1934
  5. Tabor v. Universal Exploration Co.Court of Appeals for the Eighth Circuit · 1931

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