Wimer v. Smith’s Empirical Analysis

Citation profile

32 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ # * * On a charge of fraud, the burden of proof is on the party alleging it. The defendants must clearly and distinctly prove the fraud or false representations they allege. The law in no case presumes fraud. The presumption is always in favor of innocence, and not guilt. Fraud must be proved, but it may be proved by circumstances from which no other inference but that of fraud can be drawn. The rule is, that when proven by circumstances, they must afford a strong presumption. (Juzan v. Touhnin, 9 Ala. 662 ; S. C. 44 Am. Dec. 448 ). Circumstances of mere suspicion will not warrant the conclusion of fraud. (Taylor v. Fleet, 4 Barb. 95 ; Clarke v. White, 12 Pet. ). ‘The evidence of it,’ Chancellor Kent said, ‘must be clear, strong, and satisfactory.’ (Boyd v. McLean, 1 John’s Ch. ; Gillespie v. Moon, 2 id. 585.) And so likewise said the learned and eminent Dillon, J., in Geib v. Ins. Co., 1 Dill. C. C. 443. In no doubtful matter does the court lean to the conclusion of fraud; it is not to be assumed on doubtful evidence. If the fraud is not clearly and strictly proved as alleged, relief cannot be had, although the party against whom relief is sought may not have been perfectly clear in his dealings. (Mowatt v. Blake, 31 L. T. 387.) The facts constituting fraud must be clearly and conclusively established to justify the court in finding it; but it may be proved by the preponderance of the testimony. (Big. Fraud. 474, 476; Kerr, Fraud & Mis. 384; Bump, Fraud Conv. 584, 587; Wai”

   1 later decision quote this exact passage
   e.g. Metropolitan Casualty Insurance v. N. B. Lesher, Inc.