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" fraud in the sense of a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious... "
The New York Supplement - Σελίδα 329
1890
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The New York Supplement, Τόμος 123

1910 - 1320 σελίδες
...establish such liability against an individual or corporation in a court of law or equity. Fraud in equity includes all acts, omissions, and concealments which...equitable duty, trust, or confidence, justly reposed, and which are injurious to another, or by which an undue and unconscientious advantage is taken of another....

Canadian Criminal Cases Annotated: A Series of Reports of ..., Τόμος 15

1910 - 590 σελίδες
...from obtaining what he may justly claim. 9 Am. & Eng. Encyc. Law (2 ed.), 180. To "defraud" implies or includes all acts, omissions and concealments which...breach of legal or equitable duty, trust or confidence generally reposed and are injurious to another, or by which an undue and unconscionable advantage is...

Kentucky Opinions: Containing the Unreported Opinions of the Court of Appeals

Kentucky. Court of Appeals - 1912 - 1122 σελίδες
...bid with interest and cost as required by the statute. "Fraud in contemplation of a court of equity includes all acts, omissions and concealments which...equitable duty, trust or confidence justly reposed, injurious to another by which an undue or unconscientious advantage is taken of another." Kerr on Fraud,...

The South Western Reporter, Τόμος 162

1914 - 1332 σελίδες
...advantage is taken of another." Kellum v. Smith, IS Tex. 835 ; Horton v. Smith, 145 SW 1088. Or is "all acts, omissions and concealments which involve...are injurious to another, or by which an undue and unconscientious advantage is taken of another." 20 Cyc. 8. We conclude that the facts inducing the...

Bouvier's Law Dictionary and Concise Encyclopedia, Τόμος 2

John Bouvier - 1914 - 1124 σελίδες
...the court should be found out." Per Hardwicke, C., in 3 Atk. 278. It Includes all acts, omissions, or concealments which involve a breach of legal or equitable...are injurious to another, or by which an undue and unconscientious advantage is taken of another. "It may be stated as a general rule that fraud consists...

Ruling Case Law: As Developed and Established by the Decisions and ..., Τόμος 10

William Mark McKinney, Burdett Alberto Rich - 1915 - 1480 σελίδες
...would contrive." 7 With this statement in mind, however, it may in a very general way be said that fraud, in the sense of a court of equity, properly...trust, or confidence, justly reposed, and are injurious 20. American Sugar Refining Co. v. 4. Vanderbilt v. Mitchell, 72 NJ Pancher, 145 NY 552, 40 NE 206,...

Reports of Cases Determined by the Supreme Court of the State of ..., Τόμος 258

Missouri. Supreme Court - 1915 - 880 σελίδες
...there can be no fraud of a grantee against a grantor in the sense of a court of equity unless there are "acts, omissions and concealments which involve a...or confidence, justly reposed" and are injurious to the grantor or by which "an undue and unconscientious advantage is taken of" grantor. [1 Story's Eq....

Courtright's Colorado Digest: Digesting All Colorado Decisions ..., Τόμος 2

William Hiram Courtright, George S. Berry - 1915 - 790 σελίδες
...a case in equity. — Wheeler v. Dunn, 13 C. 428, 436, 22 P. 827. (d) Fraud, in an equitable sense, includes all acts, omissions and concealments which involve a breach of legal or equitable duty, as the violation of trust and confidence reposed in business relations, whereby an undue and unconscientious...

Documents of the Senate of the State of New York, Τόμος 35

New York (State). Legislature. Senate - 1916 - 1538 σελίδες
...establish such liability against an individual or corporation in a court of law or equity. Fraud in equity includes all acts, omissions and concealments which...equitable duty, trust or confidence, justly reposed, and which are injurious to another, or by which an undue and unconscientious advantage is taken of another,...

A Treatise on the Rescission of Contracts and Cancellation of ..., Τόμος 1

Henry Campbell Black - 1916 - 994 σελίδες
...breach of trust. That is to say, they define fraud as an act, omission, or concealment which involves a breach of legal or equitable duty, trust, or confidence justly reposed, and which is injurious to another, or by which an undue and unconscientious advantage is taken of another.24...




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