making calls for the stockholders, 330.

president and non-official stockholder, dealings between, 330, 331.
directors not necessarily liable personally for acts of managing officers,
233, 234.

fraudulent overissue of stock, 546, note.

CORRUPTION,

of arbitrators, 96, 98, 99.

of judge, 107.

COST OF PROPERTY, 493.

COSTS,

when proper parties are omitted, 113.

COTENANTS,

relation between, 368, 369.

COTRUSTEES,

when one trustee liable for fraud of his associates, 248.
all parties to a breach of trust equally liable, 248.

COURTS,

(See JURISDICTION.)

COVENANTS FOR TITLE,

eviction not necessary for breach of, 416.

CREDITOR AND DEBTOR,

fraud upon creditor in suit at law, 60.

in suit in equity, 60.

setting aside debtor's conveyance not rescission, 61, 429.

action against debtor and others for conspiracy, 69.

right of creditor to impeach judgment against debtor, 91, 92.

right of surety, 92.

right of assignee in bankruptcy, 92, note.

individual creditors should not sue in bankruptcy, 112.

plea of discharge in bankruptcy, 119, 120.

burden of proof in impeachment of conveyance, 130–134.

notice to purchaser, 131–134.

Massachusetts rule, 134, note, 386.

evidence of financial repute of debtor, 152, 153.

or of his condition, 155.

acts and declarations of debtor, 171-173.

secret trusts, 178.

circumvention, 198.

conveyances between husband and wife, 202, note, 207, note.
particeps criminis of debtor with grantee, 203, 204, 206.

composition deeds, 201, 205.

secret preferences, 205, 206.

mortgage in fraud of creditors, 206.

discharge of surety obtained by debtor's fraud, 210, 211.
communications of debtor to surety, 253.

transactions where either party is aged or dependent, 374.

pre-existing debts, 405, 406.

attaching creditor not a purchaser for value, 407.

rights of creditors against purchasers, 432.

Collusion against Creditors, 587, 588.

CRIMINAL FRAUD,

evidence in case of, in civil suit, 144.
CRIMINATING ONE'S SELF, 192, 193.
CROSS-ACTIONS,

fraud not involving impeachment of former judgment may be ground
of cross-action, 71, 96, 98.

recovery of judgment on a contract no bar to an action for deceit by
which the contract was obtained, when, 66, 67, 71.

recovery back of money obtained under fraudulent judgment, 72.
to cancel contract pending suit thereon, 72.

damages in, 633, 634.

CUSTOM,

damage generally necessary in actions for fraud, 541, 542.
exceptions, 277, 320.

general principle stated as to connection of damages with the wrong
complained of, 625.

examples, 625, 626, 627.

communication of disease by animals sold through fraud, 468, 626.
measure of damages in actions of deceit or breach of warranty, 627.

price paid for property as evidence of value, 627, 628.

in suits on securities given for price of property, defendant may go
back and show fraud in the sale, 120, 121.

in exchange of lands, 631.

in exchange of mortgages, 632.

false representations in sale of a partner's interest, 629.

false representations in sale of corporation stock, 628, 629.

market value of the stock, 629.

falsely representing a note to be due and unpaid, 630.

misrepresentations of the quantity of land conveyed by a deed, 630.
valuation set upon property by the parties, 630.

putting it out of one's power to convey property agreed to be sold,
628, note.

evidence of subsequent events in mitigation of trustee's fraud, 631.
examples, 631, 632, 633.

damages in allegations of fraud in actions ex contractu, 70, 181.

in action ex contractu damages for fraud not recoverable, 70, 179,
n. 5, 181.

damages in cross-action after contract has passed into judgment, 633,
634.

exemplary damages, 635.

(See DECEPTION; MISREPRESENTATION.)

DEBTOR AND CREDITOR,

DECEIT,

(See CREDITOR AND DEBTOR.)

(See DECEPTION; EVIDENCE.)

procuring another to indorse note or bill, 467.

DECEPTION,

distinguished from circumvention, 4-7, 17, 18.
definition, 465.

Misrepresentation, 465–573.

(See this and following heads down to and including Wills, for matters

relating to misrepresentation.)

Elements of the Wrong, 465, 466.

What constitutes a Representation, 466–473.

Opinion and Prediction, 473-483.

Promise, 483-487.

Representations of Law, 487-490.

Representations of Value, 490-497.
Materiality, 497.

Falsity, 497-508.

Knowledge of Falsity, 509-520.

Ignorance of Falsity by Party Wronged, 521–534.

Intention to induce Action, 535–539.

Acting on the Representation, 540-548.

Marriage, 519-554.

Stranger to the Action, 555-573.

The General Rule of Law, 555-557.

Slander of Title, 557–559.

Trade Marks, 559-568.

Business Signs, 568–571.

Wills, 571-573.

Deception by Act: Collusion, 574-589.

Confusion of Goods, 574, 575, 576.

Collusion with one in Fiduciary or Confidential Relations, 576–579.
examples, 578, 579.

DECEPTION, — continued.

Collusion in Public Sales, 580–586.

sale how invalidated, 580.

depressing price, 580, 581.

combination of interests when allowed, 581, 582.

restraint upon competition caused by auctioneer, 582, 583.
appeal by purchaser to the benevolence of bidders, 583, 584.
puffing, 584.

by-bidding, 585.

who may avoid sale and when, 585, 586.

Collusive Conveyances: Registration, 586, 587.

Collusion against Creditors, 587, 588.

Collusion against Wife, 588.

working upon fears, 588.

Collusive Litigation, 589.

collusive agreements, 589.

collusive judgments, 589.

collusive divorces, 589.

Silence: Duty to Speak, 590-614.

Sunday Laws, 615, 616.

Void Transactions, 617-624.

Consequences of Deception, 625-640.

Measure of Damages, 625–635.

(See DAMAGES.)

belongs to law of substantive rights rather than to remedial law, 625.
general rule of damages, 625.

examples of positive damage, C25, 626.

injured party must use due care to prevent incidental loss, 626, 627.
examples of negative damage, 627, 628.

in sale of animals, 628.

in sale of stock, 628, 629.

in sale of interest in partnership, 629.

in sale of note, 630.

in sale of land, 630.

in sale of vessel, 630.

interest allowed as damages in purely money transactions, 631.

subsequent events not to affect damages, 631.

trustee must account for misconduct regardless of subsequent events,

631, 632.

exchange of mortgages, 632.

rule operates in favor of both parties, 632.

example in sale of stock, 632, 633.

loss of contingent benefits not within the rule, 633.

wrong-doer chargeable with rents, and not allowed for improvements,
nor for incumbrances lifted, 633.

DECEPTION, - continued.

rule of damages in cross-actions, 633, 634.

distinction in limit of liability for fraud and for negligence con-
sidered, 634.

exemplary damages, 635.

Discharge in Bankruptcy, €35.

effect upon liabilities for intentional deception, 635.
Collateral Deception, 636-638.

within what limits fraud vitiates transactions, 636.
cannot vitiate certain collateral transactions, 636.
what fraud is collateral, 637.

presents more than question of remedy, 637, 638.
Rights of Innocent Parties inter sese, 638–640.
depend upon diligence, 638.

or upon which has been instrument of loss, 638.
examples, 638, 639.

(See COLLUSION; CONFUSION OF GOODS; MARRIAGE; SLANDER OF
TITLE; SUBSTITUTION; TRADE MARKS.)
DECLARATIONS, 167, note, 188-190.

DEED,

(See CONSPIRACY; EVIDENCE; WILLS.)

executed or obtained by fraud, 73, note, 618, 619.
DEFINITION OF FRAUD, 3–19.

DELIVERY OF INSTRUMENTS,

obtained by fraud, 618–624.

deed stolen from grantor, 623, 624.

DEMURRER,

when proper to allegations of fraud, 122.

DESTRUCTION OF WRITINGS,

by an heir, of deed or will of ancestor, 191, 192.
DIRECTORS OF CORPORATIONS, 233, 325-331.
DISCOVERY,

equity will compel disclosure of fraud, 193.
DISEASE, CONTAGIOUS, 468, 626.

DISTRIBUTEES,

fraud by one of several codistributees, 252.

no relation of agency, 252.

disherison of half-sister, 382.

DIVORCE,

(See MARRIAGE.)

pregnancy of wife by third person before marriage, 468 and n. 4, 531,
550, 551.

statutory grounds of, do not exclude fraud, 550-554.

marriage brought about by fraud, 552, 553.

rule in Delaware as to fraud, 550, n. 3.