C. CARRIERS, notices by, in restriction of liability, 599, 600. misdelivery by, 621, 622. false personation of consignee, 621, 622. (See PERSONATION.) CATCHING BARGAINS, in contracts with heirs, 369–372. CAUSE OF ACTION FOR FRAUD, CAVEAT EMPTOR, 413, note, 528, note. (See DECEPTION; MISREPRESENTATION.) CESTUI QUE TRUST, CHARACTER, evidence of, 150. CHARITY, (See TRUSTS AND TRUSTEES.) inadequacy of rent of charity estates as an indication of fraud, 331. misrepresentations concerning, 468, 549-552. CHURN, capacity of, 479, note. CIRCUMVENTION, as distinguished from deception, 4-7, 17, 18. intention in cases of, 198. CLERGYMEN, confidential situation of, 352, 353. CLERK, confidential situation of, 296, n. 1. not liable for each other's fraud not participated in, 252. when liable for each other's frauds, 248–252. COLLUSION, of agent with another, 18, 302. of trustee with another, 18, 333. judgment obtained by, 94, 106. certificate of work withheld by, 254. COMPANY, buying shares in, 228. COMPOSITION WITH CREDITORS, fraud in, 204, 205. CONCEALMENT, (See DECEPTION; FIDUCIARY, &c., RELATIONS; MISREPRESENTATION; fraudulent, of cause of action, 23-32. of fraud, 27, 28. CONDUCT SUBSEQUENT, Introductory, 384. Notice: its Relation to Fraud, 385, 386. (See NOTICE.) taking title under wrong-doer, without participation in the fraud, 385 (See NOTICE.) Innocent Misrepresentation: Rescission, 410-438) (See RESCISSION.) Statute of Frauds in Cases of Part Performance and Resulting Trusts, (See PART PERFORMANCE; RESULTING TRUSTS.) CONFESSION AND AVOIDANCE, (See SURPRISE.) (See BURDEN OF PROOF.) CONFESSION OF JUDGMENT, 379. CONFIDENTIAL ADVISERS, 365–367. CONFIDENTIAL RELATIONS, (See FIDUCIARY AND CONFIDENTIAL RELATIONS.) Introduction, 351. Parent and Child, 354-360. (See PARENT AND CHILD:) Physician and Patient, 360, 361. (See PHYSICIAN AND PATIENT.) Draftsman of Will Taking Benefit, 272, 361–365. (See DRAFTSMAN OF WILL.) Engagement to Marry, 351, 352. (See ENGAGEMENT TO MARRY.) Illegal Marriages or Relations, 367, 368. (See MARRIAGE.) Spiritual Advisers and Spiritualists, 352, 353. Confidential Advisers: Blood Relatives, 365–367. (See BLOOD RELATIVES; CONFIDENTIAL ADVISERS.) (See WAIVER.) voidable acts of attorney, 281, 295. CONFUSION OF GOODS, person fraudulently mingling another's goods with his own may lose the whole, 575. Roman law on this subject, 575. mixture must be more than intentional, 575. where separation is practicable, 576. where not, 576. in specialties, 53-55. connection with misrepresentation, 53–55. history of, 53. recitals of, 280, note. CONSISTENCY OF REMEDIES, (See REMEDIES.) CONSOLIDATION OF ACTIONS, meaning of term, 63, note. CONSPIRACY, joinder of parties to, 109. to obtain loan of money, 544, 545. cross-suits for conspiracy, 71, 87. liability of one conspirator for acts of another, 246, 247. immaterial that some obtain no benefit, 247. evidence of conspirators and joint trespassers against each other by (See EVIDENCE.) CONSTRUCTION OF RAILROADS, directors acting in double capacity, 327–329. CONSTRUCTIVE FRAUD, what is included in this term by Judge Story, 9. Fiduciary, Confidential, and Kindred Relations, 261-383. (See FIDUCIARY AND CONFIDENTIAL RELATIONS.) The General Principle, 261-265. Attorney and Client, 265-295. (See ATTORNEY AND CLIENT.) Principal and Agent, 295–310. (See PRINCIPAL AND AGENT.) Partners and Joint Purchasers, 310-315. (See PARTNERS.) Trustee and Cestui que trust, 315, 336. (See FIDUCIARY AND CONFIDENTIAL RELATIONS; TRUSTS AND TRUSTEES.) Guardian and Ward, 336-311. (See GUARDIAN AND WARD.) Executors or Administrators, and Claimants of the Estate, 341–347. Mortgagor and Mortgagee, 347-351. (See MORTGAGOR and Mortgagee.) Husband and Wife, 353, 354. (See HUSBAND and Wife.) Parent and Child, 354-360. (See PARENT AND CHILD.) Physician and Patient, 360, 361. (See PHYSICIAN AND PATIENT.) Draftsman of Will Taking Benefit, 361–365. (See DRAFTSMAN OF WILL.) Engagement to Marry, 351, 352. (See ENGAGEMENT TO MARRY.) Illegal Marriages or Relations, 367, 368. (See ILLEGAL MARRIAGES.) Spiritual Advisers and Spiritualists, 352, 353. Confidential Advisers: Blood Relatives, 365–367. (See CONFIDENTIAL ADVISERS; BLOOD RELATIVES.) Volunteers: Purchase without Value, 403-410. (See VOLUNTEERS; PURCHASE WITHOUT VAlue.) Cotenants and Tenants for life, 368, 369. (See COTENANTS; TENANTS.) Expectant Heirs, 369-373. (See EXPECTANT HEIRS.) Sailors, 373. (See SAILORS.) Aged Persons, 373, 374. (See AGED PERSONS.) Illiterate, Weak-minded, and Drunken Persons, 374–383. (See ILLITERATE, WEAK-MINDED, AND DRUNKEN PERSONS.) (See REGISTRATION.) Purchasers without Value, 403–410. (See PURCHASERS FOR VALUE.) Innocent Misrepresentation, 410, 411. (See MISREPRESENTATION.) Innocent Misrepresentation: Rescission, 411-438. (See RESCISSION.) principal and agent, client and attorney, &c., 236-240. CONTAGIOUS DISEASE, (See NOTICE.) non-disclosure that animals have, 468. CONTRACTS, (See FIDUCIARY, CONFIDENTIAL, AND KINDRED RELATIONS; DECEP- not allowed in cases of combinations for fraud, 201. where fraud contrived against several is successful against only one, CONVERSION, evidence of, will not sustain allegation of fraud, 180. secretary fraudulently issuing certificates of debenture stock, 226. suit by stockholders on behalf of corporation, 56, 57. director issuing prospectus containing false information, 233, 234, representations contrary to the charter, 531, 532. prospectuses issued by the company, containing false representations, acts ultra vires by misrepresentation, where corporation is innocent, buying shares in, through agent's misrepresentation, 228, 229. liabilities of directors, trustees, and stockholders for fraud of agents, knowledge and participation, 233, 234. officers and directors are trustees for, 325, 326, note. duties of directors, 325-331. misrepresentation of law by directors, 487. when transactions for their benefit are valid, 327, 328. director may deal in regard to his own shares, when, 330. |