25 Tenn. App. 446 - Bilbrey v. Smith’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “££ Fraud must not only be alleged but must be proven and there are many cases upon this subject. In the case of Williams v. Spinks, reported in 7 Tenn.App. at page 488 , the Court said: ‘Fraud is never presumed, it must be clearly proved, the burden of proof is on the complainant and the law is, 'in all cases, except those involving transactions between persons occupying fiduciary or confidential relations with, each other where the right to relief is based upon the alleged commission of the fraud, the presumption is in favor of the fairness of the transaction and the innocence of the person accused, and the burden of proof is upon the party asserting the fraud to establish the same.’ Ency. of Ev., Yol. 6, p. 6. On the sufficiency of evidence to establish fraud, it has been stated that the evidence must be clear and satisfactory. Some authorities hold that it must be clear, cogent and convincing or strong and decisive. The general rule is that the evidence to be sufficient to establish fraud should prove a state of facts which is not fairly or reasonable reconcilable with fair dealing and honesty of purpose, and which would lead a reasonable man to the conclusion that fraud in fact existed. R.C.L., Vol. 12, Sec. 183.” Bilbrey v. Smith, 25 Tenn.App. 450 , 158 S.W.2d 737 .”

   1 later decision quote this exact passage
   e.g. 55 Tenn. App. 690 - Russell v. Zanone