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A Treatise on the Law of Fraud on Its Civil Side, Volumen2
Melville Madison Bigelow
Vista completa - 1890
A Treatise on the Law of Fraud on Its Civil Side (Classic Reprint)
Melville Madison Bigelow
Sin vista previa disponible - 2017
action actual agent agreement alleged Allen amount answer appears apply attorney authority Bank benefit bill Brown cause charge circumstances cited claim clear client concealment conduct consideration considered constructive contract conveyance course court creditors damages debtor deception deed defendant defrauded duty effect entitled equity evidence execution existence fact false fraud fraudulent give given ground hand held induced influence intent interest Iowa judgment jury knowledge land Lord Maine Mass matter means ment misrepresentation mortgage nature necessary notice obtained paid particular party Penn person plaintiff possession present principle proof prove purchaser question reason received recover regard relation relief remedy rendered representation require rescission rule Smith statement statute sufficient suit supra term third tion transaction treated true trust unless vendor wrong
Página 452 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Página 206 - The test whether a demand connected with an illegal transaction is capable of being enforced at law is whether the plaintiff requires the aid of the Illegal transaction to establish his case.
Página 357 - The natural and just influence which a parent has over a child renders it peculiarly important for courts of justice to watch over and protect the interests of the latter, and therefore all contracts and conveyances whereby benefits are secured by children to their parents are objects of jealousy, and, if they are not entered into with scrupulous good faith, and are not reasonable under the circumstances, they will be set aside, unless third persons have acquired an interest under them.
Página 282 - This doctrine as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle than upon the circumstances of any individual case. It rests upon this ; that the purchase is not permitted in any case, however honest the circumstances ; the general interests of justice requiring it to be destroyed in every instance ; as no Court is equal to the examination and ascertainment of the truth in much the greater number of cases.
Página 250 - If a party, dealing with an executor for the personal assets, pays his money to the executor, so that it may be applied to the purposes of the will, he is not responsible for the executor's misapplication of it, but if, in dealing with the executor, he does in truth pay his money for the private purposes of the 1 1 Atk.
Página 250 - Generally speaking, he does not become a Party to the Breach of Trust, by buying or receiving as a Pledge for Money advanced to the Executor at the time any part of the Personal Assets, whether specifically given by the Will or otherwise, because this Sale or Pledge is held to be prima facie consistent with the duty of an Executor.
Página 27 - If a person liable to any of the actions mentioned in this chapter fraudulently conceals the cause of such action from the knowledge of the person entitled to bring the same, the action may be commenced at any time within six years after the person so entitled discovers that he has such cause of action.
Página 472 - It is material to observe that it is often fallaciously assumed that a statement of opinion cannot involve the statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion.
Página 113 - It is undoubtedly true that all persons materially interested in the subject-matter of the suit should be made parties to it; but this rule, like all general rules, being founded in convenience, will yield, whenever it is necessary that it should yield, in order to accomplish the ends of justice. It will yield, if the court is able to proceed to a decree, and do justice to the parties before it, without injury to absent persons, equally interested in the litigation, but who cannot conveniently be...