Edward Douglass White

“ Reduced to its ultimate deduction, the proposition maintains this doctrine: that if one against whom a fraud has been perpetrated, and who thereafter is in all respects fully informed of its nature and extent, chooses not to act, his so electing may continue indefinity, provided only he declares, not that he did not know, but that, knowing, he did not believe. ”

“ The second proposition, conceding arguendo the facts are as it assumed them to be (that is, that the price was paid Cummings from his own money) , leads in reason to an equally impossible result, since its consequence is substantially to affirm that neither limitation nor laches can be applied in equity when, from a given view of the proof, it is considered that a fraud has been committed, of such a nature as to avoid a contract. ”

“ Now, then, the issue of fact to be determi ed is this: Could it have been possible for Cummings to have received the schedule in question on the morning after the sale, to have dealt with it, to have made entries on it at various times, without being informed that the fees of the firm were not less than 25 per cent. in a sufficient number of cases to have justified any belief whatever that the sum of the fees was reduced from $32,000 to $20,000: The schedule left in his hands by Baker contained seven sheets. ”

“ Ct. 274 (decided at the present term) , is the last expression,-that when two courts have reached the same conclusion on a question of fact, their finding will not be disturbed unless it be clear that their conclusion was erroneous. ”

“ Baker had delivered me the schedules, and I continued the collections, because these schedules contained the name, the amount, the fee, and all the data pertaining to each case; and it was hard for me to reconcile the amount of fees that he said, and the amount of fees that were on the schedule; and I know often we had to pay out a large amount of our fees to other attorneys, as I frequently had paid one-half of a fee to a local attorney to work up the evidence, and I had supposed the great diminution of these fees from what I supposed, viz. ”