106 Va. 302 | Va. | 1906
delivered the opinion of the Court.
This bill of injunction was filed in the Corporation Court of -the city of Roanoke by the appellant, alleging that it was a -creditor of the Firey Furniture Company, which had, with intent to hinder, delay and defraud the appellant, sold and delivered in bulk, without schedule or inventory, all of its stock -of merchandise to the National Furniture Company, Incorpo
This court has repeatedly laid down the principles that govern this class of cases. It is only necessary to advert here to the well established rule that “fraud is not to be assumed on doubtful evidence or circumstances of mere suspicion. The party alleging the fraud must clearly and distinctly prove it. If the fraud is not clearly proven as it is alleged, although the party against whom relief is sought may not have been perfectly clear in his dealings, no relief can be had.” Hord’s Admr. v. Colbert, 28 Gratt. 49; Gregory v. Peoples, 80 Va. 358, 359; Engleby v. Harvey, 93 Va. 445, 25 S. E. 225; Alsop v. Catlett, 97 Va. 364, 34 S. E. 48; Univ. Va. v. Snyder, 100 Va. 578-9, 42 S. E. 337.
We are of opinion that the appellant has failed to sustain the allegations of its bill with sufficient clearness to entitle it to prevail in this case.
The deeree of the Corporation Court must be affirmed.