Legal Opinion

Hume v. United States

Supreme Court of the United States

Decided December 16, 1889No. 102, 103PublishedCited by 272 opinions

APPEALS FROM THE COURT OF CLAIMS. The court in its opinion stated the case as follows: Claimant filed his petition against the United States in the Court of Claims, averring that on the 9th day of August, 1883, he entered into a contract in writing with the Acting Secretary of the Interior Department for the furnishing of certain articles, constituting items in his proposal numbered 2, 9, 19, 32, 42, 56, 71, 77, 78, 79, 89, 90, 91, 97, 102 and 103, to the Government Hospital…

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APPEALS FROM THE COURT OF CLAIMS. The court in its opinion stated the case as follows: Claimant filed his petition against the United States in the Court of Claims, averring that on the 9th day of August, 1883, he entered into a contract in writing with the Acting Secretary of the Interior Department for the furnishing of certain articles, constituting items in his proposal numbered 2, 9, 19, 32, 42, 56, 71, 77, 78, 79, 89, 90, 91, 97, 102 and 103, to the Government Hospital for the Insane near Washington, at rates specified therein; .that he had furnished merchandise amounting to the sum of…

1Opinion of the CourtChief Justice Fullee

delivered the opinioh of the court:

In his celebrated judgment in Earl of Chesterfield v. Janssen, 2 Ves. Sen. 125, 155, Lord Hardwicke arranged all the forms of fraud, recognized by equity, in four classes, the first two of which he gives in these words :

“ 1. Then fraud, which is dolus malus, may be actual, arising from facts and circumstances of imposition; which is the plainest case. 2. It may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on…

2Cases cited4 opinions

  1. Whiteside v. United StatesSupreme Court of the United States · 1876
  2. Scott v. United StatesSupreme Court of the United States · 1871
  3. Cutler v. HowMassachusetts Supreme Judicial Court · 1811
  4. Baxter v. WalesMassachusetts Supreme Judicial Court · 1815

3Cited by272 opinions

  1. Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
  2. Christian v. ChristianNew York Court of Appeals · 1977
  3. Driscoll v. Burlington-Bristol Bridge Co.Supreme Court of New Jersey · 1952
  4. Stirlen v. Supercuts, Inc.California Court of Appeal · 1997
  5. Herbert v. LankershimCalifornia Supreme Court · 1937

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