 | Joseph Story - Equity - 1839 - 658 pages
...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 advantage is taken of another. 5 And Courts of Equity will not only interfere in cases of fraud to set aside acts done, but they will... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1859 - 738 pages
...involve a BREACH OF LEGAL OR EQUITABLE DUTT, TRUST OR CONFIDENCE, JUStlg reposed and which are injurious to another, or by which an undue and unconscientious advantage is taken of another." /Story's Eq. Ju. sees. 187, 188, ct scque. The appellant, by law, and in discharge of the trust and... | |
 | James Philemon Holcombe - Equity - 1846 - 376 pages
...acts, omissions, and concealments, which involve a breach of legal or equitable duty, and are injurious to another, or by which an undue and unconscientious advantage is taken of another. Courts of Chancery, it has been said, possess a jurisdiction to relieve against fraud, concurrent with... | |
 | Georgia. Supreme Court - Equity - 1849 - 714 pages
...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 advantage is taken of another ; and Courts of Equity will not only interfere in cases of frauds to set aside acts done, but they... | |
 | Thomas Archibald Roberts - Courts - 1857 - 204 pages
.... „ -. legal or equitable duty, trust or confidence justly reposed, and L -" which are injurious to another, or by which an undue and unconscientious advantage is taken of another."(6) Frauds are usually classed and treated of under the two heads of actual and constructive,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...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 advantage is taken of another. [1 Stor. Eq., § 187.] Supreme Ct., 1856, Gale c. Gale, 19 Barb., 249. 10. Mere possession of a personal... | |
 | Joseph Story - Equity - 1866 - 860 pages
...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 advantage is taken of another.1 And courts of equity will not only interfere in cases of fraud to set aside acts done ; but... | |
 | Austin Abbott - Civil procedure - 1873 - 588 pages
...concealments which involve a breach of legal duty, trust, or confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another." The bankrupt act overlooks altogether fraud as thus defined, and declares a preference given by the... | |
 | New York (State). Supreme Court - Law reports, digests, etc - 1874 - 838 pages
...involve a breach of legal or equitable duty, trust or confidence justly reposed," which are injurious to another, " or by which an undue and unconscientious advantage is taken of another." Id., § 187. Where the relations of attorney and client, guardian and ward, principal and agent, husband... | |
 | Law - 1921 - 510 pages
...implies force and "fraud" includes acts involving a breach of duty, trust, or confidence injurious to another, or by which an undue and unconscientious advantage is taken of another, and implies a willful act whereby another is sought lo be deprived of what he is entitled to either... | |
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Fraud, indeed, 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... 
