Marsh v. Cortis
| Decision Date | 23 January 1907 |
| Docket Number | 680. |
| Citation | 150 F. 121 |
| Parties | MARSH v. CORTIS. |
| Court | U.S. Court of Appeals — First Circuit |
Appeal from the Circuit Court of the United States for the District of Massachusetts.
Frederick N. Wier and George A. Sanderson, for appellant.
Robert W. Light, for appellee.
Before PUTNAM and LOWELL, Circuit Judges, and ALDRICH, District Judge.
The court is content with the conclusions reached by the Circuit Court and the reasons given therefor by the learned judge of that court. We may, however, properly refer to the well-known rules that, on a bill in equity of this class, the complainant cannot ordinarily maintain his case by his own testimony, or by mere preponderance of proofs, and that he cannot have relief unless he satisfies the court that he is entitled to it. This complainant fails in all these respects.
The decree of the Circuit Court is affirmed, and the appellee recovers his costs of appeal.
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Farmers' State Bank v. Northern Trust Co.,
... ... J. 1207. Equity will ... not grant rescission unless the position of the parties may ... be restored, 9 C. J. 1208; Marsh v. Curtis, 150 F ... 121; the rule of part performance would preclude the ... plaintiffs from the remedy of cancellation, 2 Williston ... ...
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Thurston v. Reed
... ... 1015, 30 L.Ed. 949; ... Southern, etc., Co. v. Silva, 125 U.S. 249, 8 ... Sup.Ct. 881, 31 L.Ed. 678; also, in this circuit, Marsh ... v. Cortis, 150 F. 121, 80 C.C.A. 75 ... It is ... said on the plaintiff's behalf that Thurston was not ... physically well or ... ...
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In re Georgia Steel Co.
... ... v. James, 94 U.S. 207, ... 24 L.Ed. 112; Maxwell Land-Grant Case, 121 U.S. 325, 381, 7 ... Sup.Ct. 1015, 30 L.Ed. 949; Marsh v. Cortis, 150 F ... 121, 80 C.C.A. 75; Thurston v. Reed (D.C.) 229 F ... 737, 745 ... I do ... not know exactly what view of the ... ...