 | Joseph Story - Equity - 1839 - 658 pages
...reason for a Court of Equity to interfere to grant relief upon the ground of fraud. 5 § 192. Where the party intentionally, or by design, misrepresents a material fact, or produces a false impression, 6 in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him ;... | |
 | English periodicals - 1843 - 740 pages
...is where there has been a misrepresentation, or suggestio falsi ; as where the party intentionally misrepresents a material fact, or produces a false impression, in order to mislead another, to entrap or cheat him. Thus, if a person, being owner of an estate, should sell * 1 Story, Eq. Jur.... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...Story, remarking that the present action, whether judged by Pothier or Story, is plainly sustainable. " When the party intentionally, or by design, misrepresents...undue advantage of him, in every such case there is a positive fraud in the truest sense of the terms. There is an evil act, with an e\il intent, dolum malum... | |
 | Asa Kinne - Courts - 1852 - 328 pages
...the former.must maka the representation good, if he knows it to be false. Where a party intentionally misrepresents a material fact, or produces a false...undue advantage of him ; in every such case there is a positive fraud, in the truest sense of the term. — Willink v. Vandeveer, \ Barbour's R., p. 559.... | |
 | Joseph Story - Equity - 1853 - 890 pages
...design, misrepresents a material fact, or produces a false impression,2 in order to mislead another,3 or to entrap or cheat him, or to obtain an undue advantage of him ; in every such case there is a positive fraud in the truest sense of the terms.4 There is an evil act with an evil intent ; dolum... | |
 | Iowa. Supreme Court, George Greene (Reporter) - Law reports, digests, etc - 1857 - 646 pages
...heads." Where there is a suyyestio falsi, as when a party mtcn 30 Powell v. Spaulding. tionally and by design misrepresents a material fact, or produces...undue advantage of him, in every such case there is fraud— in the truest sense of the term, there is an evil act with an evil intent. And the misrepresentation... | |
 | Francis Hilliard - Torts - 1859 - 594 pages
...in the nature of deceit. Pasley v. Freeman, 3 TR 51. And more especially where a party intentionally misrepresents a material fact, or produces a false...entrap or cheat him, or to obtain an undue advantage over him ; there is a positive fraud. Willink v. Vanderver, 1 Barb. 599. And the still more stringent... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...FBAUD. What is Fraud ;— In General. I. WHAT re FRAUD. 1. In General. 1 There is positive fraud when a party intentionally, or by design, misrepresents a...to mislead another, or to entrap or cheat him, or obtain undue advantage. [Stor. Eq., § 192.] Supreme Ct., 1847, Willink e. Yanderveer, 1 Barb., 699.... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 764 pages
...Barb., 473 ; Adams' Equity, p. 176. In this case the language of Judge STORY is applicable, that " when the party intentionally, or by design, misrepresents...entrap or cheat him, or to obtain an undue advantage over him, in every such case there is a positive fraud in the truest sense of the term, there is an... | |
 | Sir Thomas Wardlaw Taylor - Equity - 1875 - 632 pages
...a party misrepresents a material fact, or produces a false impression, intentionally or by design, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage over him, there is positive fraud in the truest sense of the term(cZ ). 141. It is wholly immaterial... | |
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Where the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him, in every such case there is a positive fraud, in... 
