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HOFFMAN V. OVERBEY, 137 U. S. 465 (1890)

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U.S. Supreme Court

Hoffman v. Overbey, 137 U.S. 465 (1890)

Hoffman v. Overbey

No. 99

Argued December 2, 1890

Decided December 22, 1890

137 U.S. 465

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF VIRGINIA

Syllabus

A suit in equity to set aside a written compromise between a creditor and a debtor whereby the former, in consideration of the surrender by the latter of certain real property of much less value than his debt, and of his representation that he was unable to pay such debt in full, discharged the debtor absolutely. The ground of relief was the false and fraudulent representations of the debtor as to his financial condition, and the admissions of the debtor to the creditor, made more than twelve years after the compromise. These admissions constituted the principal evidence of the fraud charged. Held that the relief asked could not be granted, because such admissions were made after the debtor's intellect had become so far impaired, that his statements ought not to be the basis of a decree affecting his rights of property, and because it did not satisfactorily appear from other evidence that he had made false or fraudulent representations to the creditor.

The case was stated by the court as follows:





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