Legal Opinion

Alger v. Anderson

U.S. Circuit Court for the District of Middle Tennessee

Decided March 15, 1899PublishedCited by 14 opinions

This is a bill by Russell A. Alger against T. B. Anderson and others. Dismissed without prejudice.

1Opinion of the Court

CLARK, District Judge.

The bill, as originally presented, is one by the vendee against the vendor for rescission, upon the ground of fraudulent misrepresentation. I have concluded, upon the additional proof presented under a petition to rehear, that the plaintiff, with knowledge of the fraud, elected to abide by the transaction, and that with such knowledge he unreasonably delayed instituting suit to rescind, and the case in this aspect is justly subject to the objection of *698laches, and upon both grounds the bill, in so far as rescission is concerned, must be dismissed.

An amended bill has been…

2Cases cited48 opinions

  1. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  2. Scott v. ArmstrongSupreme Court of the United States · 1892
  3. Grimes v. SandersSupreme Court of the United States · 1876
  4. Scott v. NeelySupreme Court of the United States · 1891
  5. Root v. Railway Co.Supreme Court of the United States · 1882

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3Cited by14 opinions

  1. State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
  2. Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
  3. INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
  4. American Falls Milling Co. v. Standard Brokerage & Distributing Co.Court of Appeals for the Eighth Circuit · 1918
  5. Saxlehner v. EisnerU.S. Circuit Court for the District of Southern New York · 1905

9 more not listed; retrieve them via the Exa API.

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