what actions for fraud survive by statute in Maine, 213. Massachusetts, 213, 214. New York, 213. Assignee of Right of Action, 214, 215. cannot sue at law or in equity, 214, 215. Officers of State, 216. fraud by, when and how relieved, 216. Infants, 216-219. when liable in action ex delicto, 216, 217. not liable in any form by reason of contracts made through their own false representations, 217, 218. liable for pure torts, 218. how affected by doctrine of estoppel in pais, 218, 219. Married Women, 219–223. not liable at common law on contracts procured by them through nor ex delicto for the means employed to procure such contracts, 220. enabling acts, 220. liable for some frauds, 220. examples, 220, 221. inactive participation in fraud of husband, 221, 222. active participation under some coercion by husband, 222. restrained from anticipating, not liable to have income applied to make good consequences of fraud, 222, 223. Lunatics, 223-225. whether liable in action founded on fraud, 223–225. whether liable for slander or libel, 224. Employers: Agency, 225-240. (See PRINCIPAL AND AGENT; NOTICE.) Partners, 51, 240–246. joint contractors, 51, 108, 109. (See FIDUCIARY, CONFIDENTIAL, AND KINDRED RELATIONS; Corporations, 246. PARTNERS.) stockholders made defendants, 110. liable for fraud of their proper agents, 246. Conspirators and the like, 246-218. liability of each for acts of the others, 246, 247. Co-trustees, 248. when liable for fraud of associates, 248. Co-executors or administrators, 248-252. (See EXECUTORS AND ADMINISTRATORS.) PARTIES, continued. Co-distributees, 252. Fraud of Third Persons, 252-258. (See FRAUD; INFANTS; JOINDER OF PARTIES; MARRIED WOMEN; PARTITION IN EQUITY, 52. PARTNERS, circumvention by partner, 18, n. 1. all must join in suing at law, 51, 52, 242. not so in equity, 52. joinder in suits against, 109. suits between partners engaged in fraud, 201. taking partnership security in discharge of individual partner, 184, appropriation of partnership assets by one partner to pay his own when firm bound by fraud of partner, 240, 241, 244. examples, 241. debt fraudulently incurred by one partner, 245. partner absconding with funds intrusted to firm, 245. notice to opposite party, 242, 243. misapplication of funds, 241-245. borrowing money by one partner on firm note, 244. retiring partner's liability, 242, 245, 246. waiver of misapplication, 244. burden of proof, 244. persons dealing with a firm through a single member, without notice that his acts are fraudulent, 244. partners entering into contract to defraud creditors, 245, 246. dissolution as affected by such cases, 246. what relief equity will give, 311, 312. party induced to sell his interest in a firm through fraud, 312. clandestine bargains, 313. engaging in business incompatible with that of partnership, 313. making secret profits out of the firm, 313, 314. counter fraud by other partners, 314. partners presumed to have equal access to books and business, interalienations of interests, 311, 312. joint purchasers of property, 315. rescission of sale of partner's interest, 426. false representing one's self as partner, 519, 520. misrepresentation of partner's authority to bind the firm, 519, 520. PARTNERS, - continued. party induced to join firm by fraud entitled to relief, 629. PART PERFORMANCE, of parol contract for sale of land, 446-449. PATENTS, misrepresentations as to, 479, 480, 497, note. PAYMENT OF MONEY, on verbal sale of land, 447. PERJURY, 98, 99. PERSONAL REPRESENTATIVES, actions against, for fraud of decedent, 213, 214, 404, 554, n. 2. PERSONATION, in sale of goods, 619, 620. to obtain delivery of goods from common carrier, 621. gifts from patient to physician, 360, 361. agreements between, 361. when fraud not presumed, 361. PLEADING, Allegation of Fraud, 114–120. fraud must be distinctly alleged, 114. example, 114, 115. allegation of breach of trust, 115. setting out false representations, 116, 117. connection between them and the damage, 115. general charges of fraud, 115, 116. particular acts, 116. example, 116. where the facts alleged clearly show fraud no direct averment of fraud alleging the substance of a misrepresentation, 116, 117. objections in court of error, 117. charging fraudulent intent, 117. scienter need not be averred in actions for breach of warranty, 117. allegation of immaterial facts, 118. allegations as to stale trusts, 118. particulars of fraud need not be alleged in case of filing bill for dis- covery, &c., 119. charges of fraud on information and belief, 119. Denial of Fraud, 120-122. general denial of fraud insufficient in a bill, 120. when answer on remembrance or belief insufficient, 120. plea to action against shareholder for shares, 121. absence of benefit from contract obtained by fraud, 121. Demurrer, 122. proper allegations of fraud must be answered, 122. when charges of fraud are demurrable, 122. demurrer cannot be good in part and bad in part, 122. example, 122. demurrer to plea of fraud in obtaining judgment should be special, 122. POSSESSION, retention of, 148.- of title-deeds, 157, 158. as notice, 390-393. under parol contract for sale of land, 445–447. POWER OF SALE, (See MORTGAGOR AND MORTGAGEE.) POWERS, FRAUD ON, how committed, 12, 438. illusory appointment remedied in equity, 50. appointment of fund subject to agreement to loan it to appointor, 439. giving benefit to appointor, 439, 440. in certain cases not fatal, 439. giving benefit to a stranger, 440. invalid though the stranger did not know of it, 440. appointment approved by parties interested, 441. property conveyed to separate use of married woman with power of sale and investment, 442. exercise of powers by parents, 442. purchaser under fraudulent appointment, 443. consideration ex post facto, 443. cases in which wrongful exercise of power is void in part only, 443. principles applying to discretionary trusts in general are applicable to mere suspicion of improper exercise of power, 444. PRACTICE, Parties, 108-113. releases fraudulently obtained from one of several joint contractors, 109. who should be made parties in equity, 110. bill by minority of stockholders of corporation to set aside a sale, 110. 110. bill alleging that municipal bonds are invalid and calling for surren- bill for impeachment of judgments should make the plaintiffs therein bill by heirs to set aside deed of ancestor obtained by fraud, 111, 112. sureties in bond of administrator may be joined in action for fraudu- costs where proper parties are omitted, 113. exception to the rule that all interested persons should in equity be Remedy, 63–67, 73–84. election to sue for damages, 65–67, 436, 437. election to rescind, 66, 67. sale may be rescinded for fraud, or damages may be recovered, 74, ejectment not maintainable by defrauded grantor, 76. ejectment by the grantee, 76, n. 5. cross-action to cancel contract pending suit thereon, 70–72. cross-action for fraud after judgment on the contract, 70, 71. one not a party to judgment may sue for suborning false witnesses, failing to recoup damages, 71. ignorance of facts entitling one to file cross-bill, 71, n. 4. fraud as a collateral incident to a contract, 636, 637. persons not competent to contract sued ex contractu when liable ex Denial of Fraud, 120, 121. when answer insufficient, 120. when repudiation should be pleaded, 120, 121. general denial, when insufficient, 120. what necessary in plea of fraud to action on sealed contract, 121. Discovery, 193. when equity will compel disclosure of fraud, 193. Variance, 179-186. charge of actual fraud not established, 179-181. statement of other facts, 179, n. 5, 185, 186. proof of constructive fraud, 179, n. 5. proof of mistake, 179, n. 5, 181, 185. |