Graver v. Faurot

No. 217
Decided Circuit Court of Appeals, Seventh Circuit
Disposition
reversed and remanded
full scope · unanimous
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Court
Circuit Court of the United States for the Northern District of Illinois, Northern Division
Decided
Judge
WOODS, Circuit Judge
Posture
Demurrer sustained and bill dismissed by trial court
Complainant/Plaintiff (1)
Graver
Robert Rae
v.
Defendant (1)
Faurot
I- L. Wean
Other parties: Bailey — Defendant

Overview

The decree of the circuit court is reversed and the cause remanded, with direction to overrule the demurrer to the bill.

Case summary

Graver sued Faurot and Bailey in equity, alleging fraudulent sale of worthless stock. Lacking evidence, Graver required sworn answers, which falsely denied fraud. Based on these answers, a temporary injunction was dissolved, and Graver, hopeless of proof, failed to reply, leading to dismissal of his bill under an Illinois statute making the answer conclusive. Years later, new evidence revealed the fraud. Graver then filed a second suit to annul the decree, alleging extrinsic fraud. The trial court sustained a demurrer, citing conflicting Supreme Court precedents on extrinsic fraud. The Circuit Court of Appeals reversed, holding that false sworn answers in equity constitute extrinsic fraud because they deprived Graver of information he was entitled to under equity practice, vitiating the decree.

Abstract

Plaintiff sued in equity alleging fraudulent sale of worthless stock, but lacking evidence required sworn answers that falsely denied fraud, leading to dissolution of a temporary injunction, failure to reply, and dismissal of the bill with answers deemed conclusive. Years later, new evidence of the fraud prompted a second suit to annul the decree on grounds of extrinsic fraud from the false sworn answers, which deprived plaintiff of entitled information under equity practice. The trial court sustained a demurrer citing conflicting precedents, but the appellate court reversed, holding false sworn answers constituted extrinsic fraud vitiating the decree.

Opinion of the court

Majority
opinion
WOODS, Circuit Judgejoined by SELOWALTIOR, BAKER
  • False sworn answers in equity are extrinsic fraud
  • Equity practice entitles complainant to frank disclosure from defendants
  • Fraud here prevented Graver from presenting his case
  • Distinguishes U.S. v. Throckmorton and follows Marshall v. Holmes

Jurisdiction

not challenged
Subject matter
Federal court jurisdiction over equity suit to annul a decree
Jurisdictional facts
  • Suit brought in federal court to annul a state court decree
  • Appeal from Circuit Court of the United States for the Northern District of Illinois

Procedural posture

Posture at trial
Demurrer sustained and bill dismissed by trial court
Posture on appeal
Direct appeal from dismissal of bill
Preserved issues
  • Whether false answers in prior equity suit constitute extrinsic fraud justifying annulment of decree

Subsequent history

Petition for rehearing
not filed
Remand proceedings
Cause remanded to overrule demurrer

Legal categories

Business

Case record

Full case name
GRAVER v. FAUROT
Docket number
No. 217
Court
Circuit Court of Appeals, Seventh Circuit
Trial court
Circuit Court of the United States for the Northern District of Illinois, Northern Division
Decided
Opinion author
WOODS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WOODSSELOWALTIORBAKER

Issues & holdings

1
Issues raised
1
reversed
1
Holdings
Standard of review

de novo

Disposition rationale

False answers were extrinsic fraud that vitiated the decree

Preservation

Issue preserved for review

Holdings of the court

Extrinsic fraud in obtaining decree
False sworn answers in equity suit constitute extrinsic fraud that vitiates the decree, entitling complainant to relief
The fraud was extrinsic because false answers denied complainant information he was entitled to under equity practice, preventing him from presenting his case, distinct from intrinsic fraud in the subject of litigation
unanimousbinding precedent

Error analysis

  • Trial court erred in sustaining demurrer based on view that false answers were intrinsic fraud — procedural · error foundError not harmless because it deprived appellant of opportunity to prove extrinsic fraud · not harmless

Statutory interpretation

1
Statute
Illinois Revised Statutes chapter 22, sections 28, 29
Question
Effect of default for replication making answer conclusive proof
Court's reading
Statute does not bar equity relief for extrinsic fraud in obtaining the answer

Standards of review

  • Whether false answers constitute extrinsic fraud — de novo Legal question of equity jurisdiction and fraud classification reviewed de novo

Timeline

7
Events
2,313
Days, incident to ruling
—
Span
filingcited in opinion

Graver files first bill in equity in Illinois superior court against Faurot and Bailey, alleging fraudulent stock purchase

Initiates the original equity proceeding that resulted in the challenged decree

Extrinsic fraud in obtaining decree
Graver · Faurot · Bailey trial court
filingcited in opinion

Faurot and Bailey file sworn answers denying fraud and Faurot's interest in the stock

False answers allegedly constitute fraud that misled Graver and the court

Extrinsic fraud in obtaining decree
Faurot · Bailey trial court
rulingcited in opinion

Temporary injunction dissolved based on bill, answers, and affidavits

Outcome: Injunction dissolved

Graver becomes hopeless of proving case due to sworn answers

Extrinsic fraud in obtaining decree
Graver · Faurot · Bailey trial court
rulingcited in opinion

Decree entered dismissing first bill for want of equity, reciting hearing on evidence but no actual hearing occurred

Outcome: Bill dismissed

Decree obtained allegedly through fraud is challenged in second suit

Extrinsic fraud in obtaining decree
Graver · Faurot · Bailey trial court
factual eventcited in opinion

Comptroller of currency report reveals information leading to discovery of documents proving fraud

New evidence uncovered that supports Graver's original allegations

Extrinsic fraud in obtaining decree
Graver
filingcited in opinion

Graver files second bill in federal court to annul the 1889 decree and enjoin its use

Initiates the suit at issue in this appeal

Extrinsic fraud in obtaining decree
Graver · Faurot · Bailey trial court
appeal eventcited in opinion

Circuit Court of Appeals attempts to certify question to Supreme Court, but certificate dismissed

Outcome: Certificate dismissed

Supreme Court declines to resolve apparent conflict between Throckmorton and Holmes

Extrinsic fraud in obtaining decree
Circuit Court of Appeals · Supreme Court appellate court

Facts & evidence

Incident

Date
Location
Lima, Ohio

Key facts

9 facts
  1. Graver purchased 500 shares of worthless stock from Bailey at 60 cents on the dollar
  2. Faurot, Graver's banker and confidential adviser, allegedly participated in the fraud and shared profits
  3. Graver filed first equity suit in Illinois state court but lacked evidence
  4. Defendants filed sworn answers denying fraud
  5. Temporary injunction dissolved based on answers and affidavits
  6. Graver failed to reply, leading to dismissal of bill under Illinois statute
  7. Decree recited hearing on evidence but no actual hearing occurred
  8. Later discovery through bank failure revealed documents proving fraud
  9. Graver filed second suit in federal court to annul the decree

Disputed questions

  • Whether Faurot was complicit in the stock fraud
  • Whether defendants' sworn answers were perjured
  • Whether the decree was obtained through extrinsic fraud

Procedural history

7 steps
  1. September 1888: First bill filed in Illinois superior court
  2. October 1888: Defendants answered under oath
  3. Motion to dissolve injunction granted
  4. July 8, 1889: Decree dismissed bill for want of equity
  5. January 11, 1894: Second bill filed in federal court to annul decree
  6. Trial court sustained demurrer and dismissed bill
  7. Appeal to Circuit Court of Appeals

Evidence in the record

Testimonial
  • Sworn answers of Faurot and Bailey denying fraud
  • Affidavits supporting answers
Documentary
  • Comptroller of currency report
  • Bank books and instruments proving Faurot and Bailey's ownership and profit-sharing
Challenged
  • Evidence type: Sworn answers and affidavits · Challenge basis: Perjury and extrinsic fraud · Trial court ruling: admitted · Reasoning: Answers were filed in prior suit and led to decree · Challenged on appeal: true · Appellate outcome: reversed

Objects of relevance

Shares of stock in Edwards Oil-Burner CompanyBank books and financial instruments

Policy considerations

  • Need for equity to redress fraud against conscience
  • Balance between finality of judgments and justice in individual cases

Authorities

Cited authorities (4)

Insurance Co. v. Hodgeson, 7 Cranch 332
followedquotedprecedent
Cited for principle that equity relieves against judgments where execution is against conscience
Marshall v. Holmes, 141 U.S. 589
followedprecedent
Followed for allowing equity relief for extrinsic fraud, even if discovered after judgment
U.S. v. Throckmorton, 98 U.S. 61
distinguisheddistinguished
Distinguished as involving intrinsic fraud (fraud in the matter tried), not extrinsic fraud as in this case
Ward v. Town of Southfield, 102 N.Y. 287
appliedquotedpersuasive
Cited for principles on fraudulent concealment and good faith in litigation

Related cases (4)

Insurance Co. v. Hodgeson, 7 Cranch 332
prior appeal
Cited for equitable relief principles
Marshall v. Holmes, 141 U.S. 589
prior appeal
Followed for extrinsic fraud analysis
U.S. v. Throckmorton, 98 U.S. 61
prior appeal
Distinguished as involving intrinsic fraud
Ward v. Town of Southfield, 102 N.Y. 287
prior appeal
Cited for fraud and concealment principles

Statutes

  • Illinois Revised Statutes chapter 22, sections 28, 29

Standards & doctrines

  • Extrinsic fraud doctrine in equity
  • De novo review of legal issues

Legal principles applied

  • Equity will relieve against judgments obtained by fraud against conscience
  • Defendants in equity must make frank disclosure under oath

Notable quotes

“any fact which clearly proves it to be against conscience to execute a judgment ... will justify an application to a court of chancery”
majority — Quoting Insurance Co. v. Hodgeson on equitable relief
Establishes broad standard for equity intervention
“The false answer was, under the circumstances, a 'positive and actual fraud,' both upon the complainant and upon the court.”
majority — Describing defendants' sworn answers in first suit
Characterizes the fraud as extrinsic and actionable
Index terms58
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Entities and documentation
Legal actions
Action type
reversed and remanded
Target
trial court judgment sustaining demurrer and dismissing bill
Appealed from
Circuit Court of the United States for the Northern District of Illinois
Context
Court reverses because false sworn answers constitute extrinsic fraud vitiating the decree, and remands to overrule demurrer
Scope
full
Further instructions
Direction to overrule the demurrer to the bill
Disposition vote
unanimous
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