 | New Jersey. Court of Chancery - 1894 - 722 pages
...careful not to fetter this useful jurisdiction by defining the exact limits of its exercise. Whenever two persons stand in such a relation that, while it continues,...of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the... | |
 | Alabama. Supreme Court - 1899 - 832 pages
...persons occupying fiduciary relations. 3. Duties imposed by confidential relations.— Whenever two persons stand in such a relation, that, while it continues,...one, and the influence which naturally grows out of the confidence is possessed by the other, and this confidence is abused, or the influence is exerted... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1888 - 776 pages
...careful not to fetter this useful jurisdiction by defining the exact limits of its exercise. Whenever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by <>ne, and the influence which naturally grows out of that confidence is possessed by the other, and... | |
 | Illinois. Supreme Court - 1910 - 718 pages
...ROSE, Judge, presiding. KAGY & VANDERVORT, for plaintiff in error: Whenever two persons stand in such relation that while it continues confidence is necessarily...influence which naturally grows out of that confidence is abused or the influence is exerted to obtain an advantage at the expense of the confiding party, the... | |
 | Illinois. Supreme Court - 1921 - 696 pages
...great severity. (Donne v. Driscoll, 203 1ll. 480.) The general rule in equity is, that "wherever two persons stand in such a relation that, while it continues,...necessarily reposed by one, and the influence which necessarily grows out of that confidence is possessed by the other, and this confidence is abused,... | |
 | Francis Hilliard - 1868 - 670 pages
...be set aside.1 And, in a very late English case, it is said that equity interferes, " whenever two persons stand in such a relation, that, while it continues,...of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the... | |
 | William Williamson Kerr - 1868 - 498 pages
...stand in such a relation that, while it continues, confi —.— clencc is necessarily reposed by the one and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused or the influence is exerted to obtain an advantage at the expense of the... | |
 | India, Charles Colin Macrae - 1874 - 274 pages
...approving of Sir Samuel Romilly's argument in Hugueninv. Baseley, 14 Ves., 273) that, wherever two persons stand in such a relation that, while it continues,...of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the... | |
 | GEO. TUCKER BISPHAM - 1874 - 610 pages
...to each other falls under the principle laid down by Lord Kingsdowne in Smith v. Kay.4 Wherever two persons stand in such a relation that while it continues...necessarily reposed by one, and the influence which necessarily grows out of that confidence is possessed by the other, and this confidence is abused,... | |
 | Frederick Pollock - 1876 - 692 pages
...faith of tho transaction is on the party who is in a position of active confidence. " Wherever two persons stand in such a relation that, while it continues,...of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the... | |
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Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence... 
