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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... "
A Treatise on the American Law of Administration - Side 1232
av John Gabriel Woerner - 1899 - 1501 sider
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Report of Cases Adjudged in the Superior Court of Cincinnati at Special and ...

Ohio. Superior Court (Cincinnati), William Disney - 1867 - 644 sider
...constructive frauds which are within the remedial jurisdiction of a court of equity. Fraud, indeed, in the sense of a court of equity, properly includes...legal or equitable duty, trust, or confidence justly reposed, and are injurious to another,or by which an undue and unconscientious advantage is taken of...
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A Treatise on the Law of Fraud and Mistake as Administered in Courts of Equity

William Williamson Kerr - 1868 - 498 sider
...correctives (d). Fraud, in the contemplation of a court of equity, may be said to include properly all acts, omissions, and concealments which involve...legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue or unconscientious advantage is taken of...
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The Law Magazine and Law Review: Or, Quarterly Journal of ..., Volum 26

1869 - 394 sider
...definition given by Mr. Justice Story, in preference to that given by Mr. Kerr, which runs thus : — " All acts, omissions, and concealments which involve...legal or equitable duty, trust, or confidence, justly reposed, and arc injurious to another, or by which an undue or unconscicntious advantage is were so...
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Reports of Cases Heard and Determined in the Supreme ..., Volumer 1-48;Volum 50

Marcus Tullius Hun - 1874 - 856 sider
...courts of equity will relieve parties from the consequencesof. For, in equity, fraud may be committed by "acts, omissions and concealments, which involve a...legal or equitable duty, trust or confidence, justly reposed, which are injurious to another, or by which an undue and unconcientious advantage is taken...
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The New York Supreme Court Reports: Cases Determined in the Supreme ..., Volum 4

New York (State). Supreme Court - 1874 - 838 sider
...of equity will relieve parties from the consequences of. For in equity fraud may be committed by " acts, omissions and concealments which involve a breach...legal or equitable duty, trust or confidence justly reposed," which are injurious to another, " or by which an undue and unconscientious advantage is taken...
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Weekly Notes of Cases Argued and Determined in the Supreme Court of ..., Volum 9

1881 - 628 sider
...the counsel. In Story's Equity, section 187, the principle is stated to be : Fraud in the judgment of a Court of Equity properly includes all acts, omissions,...which involve a breach of legal or equitable duty or confidence, justly reposed, which are injurious to another, or by which an undue and unconscientious...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volum 34

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 764 sider
...give a full definition of it, but " in the sense of a court of equity," says Mr. Justice STOHY, "it properly includes all acts, omissions, and concealments...legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken...
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 632 sider
...avoiding the equity of the courts should be found |out(/ ). 135. Fraud, as that term is used in equity, includes all acts, omissions and concealments which...legal or equitable duty, trust or confidence, justly reposed, or by which an undue and unconscientious advantage is taken of another^). And courts of equity...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 11

1882 - 634 sider
...of cases falling under the head of implied or constructive frauds. Story further says; "That class properly includes all acts, omissions and concealments...breach of legal or equitable duty, trust or confidence jointly reposed, which are injurious to another, or by which an undue or unwarranted advantage is taken...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 14

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1897 - 598 sider
...before the creditor can realize what is due him out of his debtor's property. " 'To defraud' implies or includes all acts, omissions, and concealments which...legal or equitable duty, trust or confidence justly reposed, and are injurious to another, or by which an undue and unconscionable advantage is taken of...
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