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" One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would... "
The American State Reports: Containing the Cases of General Value and ... - Σελίδα 207
επεξεργασία από - 1891
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 σελίδες
...absence of such negligence, he could only have gained by fraud, is an involuntary trustee of the thing so gained, for the benefit of the person who would otherwise have had it. ARTICLE II. OBLIGATIONS OP TBUSTEES. SECTION V».'. iMistee's obligation to good faith. 0 lu. llustee...

The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - 1865 - 896 σελίδες
...CIVIL CODE negligence, other wrongful act,3 is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it. 1 Mitchell v. Cook, 29 Barb., 243 ; Brown ». Lynch, 1 Paige, 147. * Anderson v. Lemon, 8 NY, 236....

The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 σελίδες
...or other wrongful act, is, unless he has some other and better right thereto, an involuntary trnstee of the thing gained, for the benefit of the person who would otherwise have had it. 68 Cal. 116, 621. ARTICLE II. ORLIGATIONS OF TRUSTEES. SwnON 2228. Trnstee's obligation to good faith....

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 25-26

1886 - 1942 σελίδες
...violation of a trust, or other wrongful acts, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it." Where one party •wrongfully obtains the legal title to land, which in equity and good conscience...

The Pacific Reporter, Τόμος 63

1901 - 1164 σελίδες
...TRUSTEE:— FRAUD— DECREE OP DISTRIBUTION— EVIDENCE. 1. Civ. Code, S 2224. providing that "one who gains a thing by fraud * * * is * * * an involuntary...the benefit of the person who would otherwise have gained it," if covering property gained by a judicial decree, applies only where the fraud is such...

The Pacific Reporter, Τόμος 37

1894 - 1156 σελίδες
...thing by fraxid, * » * in violation of a trust (that is, confidence reposed), or other wrongful act, is an involuntary trustee of the thing gained, for...benefit of the person who would otherwise have had it." In support of this proposition, he cites Civ. Code, § 2224, and Greiner v. Greiner, 58 Cal. 122. The...

An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 σελίδες
...trust, or other JromtinK wrongful act, is, unless he has some other and better right fraud' etcthereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it. i ARTICLE II. OBLIGATIONS OF TRUSTEES. Trustee's § 1690. In all matters connected with his trust,...

The "civil Code" in California

John Norton Pomeroy - 1885 - 100 σελίδες
...violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it." This language is so broad that, if interpreted literally, it imperatively converts every one, who wrongfully...

Main Et Al. Vs. Central Pacific R.R.: Arguments of Brown & Bishop for ...

1886 - 830 σελίδες
...influence, the violation of a trust, or other wrongful act, is, unless he has some better right thereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it. • The only voluntary trust relation ever held by any of them was that while directors, and while...

West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Τόμος 8

1886 - 982 σελίδες
...violation of a trust, or other wrongful acts, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it." Where one party wrongfully obtains the legal title to land, which, in equity and good conscience, belongs...




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