Legal Opinion

Robinson v. Cathcart

U.S. Circuit Court for the District of District of Columbia

Decided December 15, 1828PublishedCited by 2 opinions

Bill in equity, for the specific execution of a contract. (See a statement of the bill and answers in this cause, at May term, 1825, upon the motion to dissolve the injunction, 2 Cranch, C. C. 590.) In October, 1828, at an adjournment of May term, 1828, the cause came to final hearing, upon the bill, answers, general replication, and evidence, and was heard on the 30th and 31st of October and 1st of November. The defence consists of new facts, not responsive to the bill.

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Bill in equity, for the specific execution of a contract. (See a statement of the bill and answers in this cause, at May term, 1825, upon the motion to dissolve the injunction, 2 Cranch, C. C. 590.) In October, 1828, at an adjournment of May term, 1828, the cause came to final hearing, upon the bill, answers, general replication, and evidence, and was heard on the 30th and 31st of October and 1st of November. The defence consists of new facts, not responsive to the bill. The answer, therefore, is not evidence of those facts. There is no evidence of the misrepresentations relied upon in the…

1Opinion of the Court

CRanch, C. J.,

after stating the substance of the bill, answers, and evidence, delivered the opinion of the Court, (Thruston, J., contra,) as foEows : —

It wiU be perceived, by these answers, that Mr. Cathcart relies upon three grounds of defence :

*3791. Misrepresentation by the plaintiff during the negotiation.

2. The prior assignment of the Spanish claim, in trust for Mrs. Cathcart.

3. And an understanding expressed by Mr. Cathcart, at the time of executing the articles of. agreement, and acquiesced in by the plaintiff, that he might refuse to comply with the contract on payment of the forfeiture,…

2Cases cited3 opinions

  1. Cathcart v. RobinsonSupreme Court of the United States · 1831
  2. Blanton v. StateWashington Supreme Court · 1890
  3. Gray v. CrosbyNew York Supreme Court · 1820

3Cited by2 opinions

  1. Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. In re BatesDistrict Court, D. South Carolina · 1858

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