Rufus Wheeler Peckham

“ A mere preponderance of evidence, which at the same time is vague or ambiguous, is not sufficient to warrant a finding of fraud, and will not sustain a judgment based on such finding. The rule obtains in cases of alleged fraudulent representations made to an officer of the government, upon the faith of which the officer has issued a patent, or done any other official act upon which the rights of the party making the misrepresentations may be founded. ”

“ It may be somewhat doubtful as to what was the immediate cause of the paralysis from which the defendant suffered, and from which he is now suffering, and probably will suffer to the end. That he is almost completely helpless, and has been all these years, is not doubted. The trial court, in the opinion delivered by it, only went so far as to say that, on the whole, it was satisfied that the government had a preponderance of evidence that the pension was obtained fraudulently, and that the money paid on it should be recovered back. ”

“ In all proceedings instituted to recover moneys, or to set aside and annul deeds or contracts or other written instruments, on the ground of alleged fraud practiced by a defendant upon a plaintiff, the rule is of long standing, and is of universal application, that the evidence tending to prove the fraud, and upon which to found a verdict or decree, must be clear and satisfactory. ”