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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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The Southern Law Review, Volume 6

Law - 1881 - 1014 pages
...[NUMBER 4. PURCHASES BY INSOLVENTS. Fraud consists in some act, omission, or concealment which involves a breach of legal or equitable duty, trust, or confidence justly reposed by one person in another, whereby an undue and unconscientious advantage is taken of him. An agent...
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A Treatise on the Law of Trusts and Trustees, Volume 1

Jairus Ware Perry - Trusts and trustees - 1882 - 744 pages
...279; 1 Domat, Civil Law, B. 1, tit. 18, § 3, art. 1. 8 1 Story's Eq. Jup. § 187. 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 anothep.1 And courts of equity will...
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A Treatise on the Law of Fraud and Mistake

William Williamson Kerr - Fraud - 1883 - 640 pages
...Lord St. Leonards ; ll'M v. Rorke, 2 Soh. & Lef. 666. Nicottv. Fleming, 19 Ch. D. 267, per Chap. I. concealments which involve a breach of legal or equitable...confidence, justly reposed, and are injurious to another, or by which an undue or unconscientious advantage is taken of another (c). All surprise, trick, cunning,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 56

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1883 - 768 pages
...the unwary and ignorant." All acts, omissions. Dailey, by guardian ad litem, vs. Kastell and another. and concealments which involve a breach of legal or...equitable duty, trust or confidence, justly reposed, and which areinjurious to another, or by which an undue and unconscientious advantage is taken of another,...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volume 12

Austin Abbott - Civil procedure - 1883 - 602 pages
...court of equity, fraud 'has been held to include "all acts, omissions, and concealments, which involved 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 Story Eq. Jur. 12 ed. §...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 20

Florida. Supreme Court - Law reports, digests, etc - 1884 - 1116 pages
...deceive another. 1 Story Eq. Ju., §186. 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. lbid, sec. 187. "Fraud * *...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 130

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1889 - 774 pages
...to her namely, one sixth of the whole. " 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. And courts of equity will not...
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The Pacific Reporter, Volume 6

Law reports, digests, etc - 1885 - 968 pages
...knowledge, by design, and with criminal intent." Also that in equity it "includes all acts, omissions, or concealments which involve a breach of legal or equitable...confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another." 1 Bouv. Law Diet. 612, 613....
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Cases Heard and Determined in Her Majesty's Supreme Court of the ..., Volume 1

Straits Settlements. Supreme Court - Court rules - 1885 - 886 pages
...the sense of a Court of Equity, " properly includes all acts, omissions and concealments vvhicli " involve a breach of legal or equitable duty, trust,...confidence, " justly reposed, and are injurious to another, or by which an undue " and unconscientious advantage is taken of another." Again, as belonging to an...
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The Pacific Reporter, Volume 8

Law reports, digests, etc - 1886 - 948 pages
...artifice used to circumvent, cheat, or deceive another; and fraud, as usually defined in courts of equity, 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 Story, Eq. Jur. § 187. Now,...
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