Oteri v. Scalzo
Supreme Court of the United States
APPEAL FROM THE ' CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. ' Tree court stated the ease as follows: •' Vincenzo Soalzo and the firm of Randazzo’& Di Christina, composed of Vincenzo Randazzo and Antonio Di Christina, aliens, filed their bill of complaint against Joseph .Oteri, a citizen of the State of Louisiana, in the United States Circuit Court for the Eastern District of Louisiana, June 11, 1885, alleging that on June 24, 1884,…
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APPEAL FROM THE ' CIRCUIT COURT OE THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. ' Tree court stated the ease as follows: •' Vincenzo Soalzo and the firm of Randazzo’& Di Christina, composed of Vincenzo Randazzo and Antonio Di Christina, aliens, filed their bill of complaint against Joseph .Oteri, a citizen of the State of Louisiana, in the United States Circuit Court for the Eastern District of Louisiana, June 11, 1885, alleging that on June 24, 1884, complainants entered into a contract of copartnership with defendant to carry on a general commission business and import fruits…
1Opinion of the CourtChief Justice Puller
Undoubtedly equity has jurisdiction, where a person has been induced, by fraudulent representations, to enter into a partnership,-to rescind the contract at his instance, and put an end to it db initio. Newbigging v. Adam, 34 Ch. Div. 582; Smith v. Everett, 126 Mass. 304; Fogg v. Johnston, 27 Alabama, 432; Story Part. §§ 232, 285; 2 Lindley Part. (Wentworth’s ed.) 554.
■ And it is contended that even though the formation of the partnership may' have been free from that taint, there may be such fraud,'misconduct and breach of duty in the conduct of its affairs from the inception, as to justify,…
2Cases cited5 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Crawford v. NealSupreme Court of the United States · 1892
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Smith v. EverettMassachusetts Supreme Judicial Court · 1879
- Gridley v. ConnerSupreme Court of Louisiana · 1847
3Cited by19 opinions
- United States v. James R. CosonCourt of Appeals for the Ninth Circuit · 1961
- Union Bank v. JonesSupreme Court of Vermont · 1980
- Matter of AndersonCourt of Appeals of Maryland · 1974
- Smith v. Township of Au GresCourt of Appeals for the Sixth Circuit · 1906
- Maruca v. PhillipsSupreme Court of Connecticut · 1952
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