Nathan Clifford

Name: Hager v. Homson — Opinion of the Court
Author: Nathan Clifford

Summary

“Hager v. Homson — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as complainant, complaint and fraud.

Quotes from Hager v. Homson — Opinion of the Court (Nathan Clifford)

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Fraud cannot be presumed or inferred without proof in a court of equity, any more than in a court of law; and in both the rule is, that he who makes the charge must prove it; and there are some circumstances in this case, besides the fact that the charge is denied in the answer, that render the application of that rule peculiarly proper. As appears by the complainant's own showing in the present bill of complaint, he became dissatisfied with the manner in which the affairs of the company were conducted as early as the twenty-fifth day of March, 1847 ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Undoubtedly, if there was any fraud or deception practised upon the complainant, as alleged in the bill of complaint, to induce him to transfer his stock for a less price than he was entitled to receive upon the reasonable fulfilment of the condition of sale to which he had agreed, and in consequence of such fraudulent acts or misrepresentations, he actually parted with the stock at less than its value on the basis of the agreement, then clearly he would be entitled to relief; but the burden of proving the charge of fraud is upon the complainant. ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Looking at the whole evidence, therefore, it is obvious that the charge of fraud and deception is wholly unsustained by proof, and we think the allegations of mistake, so far as the complainant is concerned, are equally unfounded. But it is fully proved that a mistake in his favor was made in the basis of the settlement to the amount of fifty thousand dollars. ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Most or all of the respondents were largely interested in those companies, and in 1834 they purchased about four-fifths of the stock of the New Brunswick Company; but the complainant still retained his shares and his position as secretary of the company and clerk on the steamboat. Whatever might have been the object of the purchasers, it is evident that the transfer of the shares had the effect to impart new energy and efficiency to the management of the company, for they increased the capital stock to fifty thousand dollars, making the par value of the shares two hundred and fifty dollars ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ The complainant is entitled to have from the defendants such a sum of money for his stock as, upon a fair examination of the affairs of the company, and a proper estimate of its assets, the stock may be found to be worth ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Much the largest number of controversies between business men are ultimately settled by the parties themselves; and when there is no unfairness, and all the facts are equally known to both sides, an adjustment by them is final and conclusive. ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Oftentimes a party may be willing to yield something for the sake of a settlement; and if he does so with a full knowledge of the circumstances, he cannot affirm the settlement, and afterwards maintain a suit for that which he voluntarily surrendered. But the present case is one between vendor and vendee, and the rights of the parties must be measured by the terms of the agreement under which the sale and purchase were made. ”

[↩︎]

Source: Wikisource

Nathan Clifford, Hager v. Homson — Opinion of the Court

“ Among other things, he alleged, that after he had proceeded to take testimony in that suit in support of his bill of complaint, propositions of compromise were made in behalf of the defendants, and that the propositions so made were entertained by him in the spirit of conciliation. Those propositions of compromise, he alleged, were made to him through R. F. Stockton, one of the respondents in this suit, who was the agent of the company and of these respondents ”

Nathan Clifford

Summary

Quotes from Hager v. Homson — Opinion of the Court (Nathan Clifford)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature