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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... "
Reports of Cases Decided in the Court of Chancery, the Prerogative Court ... - Page 407
by John Hoff Stewart - 1880
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 32

New Jersey. Court of Chancery - Law reports, digests, etc - 1880
...Ch. (3d Am. ed.) 262. Hence, the distinction between actual fraud, or that where there is an intent shown (which is the kind the common law deals with),...deed, and the good will we entertained toward Holmes. Ju answer to this we say, that any securities voluntarily handed to us by Holmes, after the contract...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1839 - 712 pages
...remedial jurisdiction of a Court of Equity. Fraud, indeed, in the sense of a Court of Equity, properly includes all acts, omissions, and concealments, which...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...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - Equity - 1846 - 358 pages
...would be subjected to forfeiture, - - 299 FRAUD. Courts of Equity careful not to define it, - 43 it includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, injurious to another, - - - 43 comparative extent of the two jurisdictions, to relieve against fraud,...
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Commentaries on American Law, Volume 2

James Kent - Law - 1848
...court of equity fraud includes all acts, omissions and concealments, which involve a breach of either legal or equitable duty, trust or confidence justly reposed, and are injurious to another. See infra, p. 561. A court of chancery will exercise the power of setting aside judgments and decrees...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 6

Georgia. Supreme Court - Equity - 1849
...(says Mr. Justice Story,) in the sense of a Court of EquiRobson vs. Harwell and Wile. ty, properly includes all acts, omissions and concealments which...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...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 11

Georgia. Supreme Court - Equity - 1853
...charged in the complainants' bill. Fraud, in the sense of a Court of Equity, properly includes all arts, omissions and concealments, which involve a breach...confidence justly reposed, and are injurious to- another, or by which an undue and unconscientious advantage is taken of another. 1 Story's Equity, 197, 187....
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Institutes of American Law, Volume 4

John Bouvier - Law - 1854
...not only all the class of positive frauds such as the definition includes, but many others. In equity all acts, omissions, and concealments, which involve a breach of legal or equitable obligation or duty, trust or confidence, justly reposed, and which are injurious to another, or by...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 3

Iowa. Supreme Court, George Greene - Law reports, digests, etc - 1857
...which are established by legal implication. " Fraud, indeed, in the sense of a fonrt of equity properly includes all acts, omissions, and concealments, which...confidence justly reposed, and are injurious to another, or by Powell v. Spaulding. which an undue and unconscientious advantage is taken of another. And courts...
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Commentaries on American Law, Volumes 1-4

James Kent - Law - 1858
...court of equity, fraud includes all acts, omissions, and concealments, which involve a breach of either legal or equitable duty, trust, or confidence justly reposed, and are injurious to another. See infra, p. 561. 1 The vendor is not bound to disclose a defect, which once existed, if he believes...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 3

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864
...Cooke e. Nathan, 16 Barb., 842. 9. Concealments, Fraud, in the sense of a court of equity, properly includes all acts, omissions, and concealments which...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...
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