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" One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would... "
Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 107
by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1912
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Draft of a Civil Code for the State of New York

New York (State). Commissioners of the Code - 1862 - 550 pages
...absence of such negligence, he could only have gained by fraud, is an involuntary trustee of the thing so gained, for the benefit of the person who would otherwise have had it. ARTICLE II. OBLIGATIONS OP TBUSTEES. SECTION V».'. iMistee's obligation to good faith. 0 lu. llustee...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - 1871 - 894 pages
...a trust, or other etc. ' wrongful act, is, unless he has some other and better right obligation to thereto, an involuntary trustee of the thing gained, for the benefit of Ihe person who would otherwise have had it. NYCC, See. 1176. ARTICLE II. OBLIGATIONS Or TRUSTEES. SECTION...
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The Civil Code of the State of California, Volume 2

California - 1874 - 870 pages
...who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or o ther wrongful act, is, unless he has some other and better...benefit of the person who would otherwise have had it. NOTE.—" Gains a thing by fraud."—Mitchell vs. Cook, 29 liarb., p. 243; Brown vs. Lynch, 1 Paige,...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 pages
...2224. One who gains a thing by frand, accident, mistake, undue influence, the violation of a trnst, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trnstee of the thing gained, for the benefit of the person who would otherwise have had it. 68 Cal....
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 25-26

1886 - 1942 pages
...establishes one of its affirmative defenses. The Civil Code, § 2224, declares that "one who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful acts, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained,...
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The Pacific Reporter, Volume 63

1901 - 1164 pages
...fraud. Our Code lays down the general rule in such cases in the following language: "One who gains a thing by fraud, accident, mistake, undue influence,...a trust, or other wrongful act, is, unless he has s»me other and better right thereto, an involuntary trustee of the thing gained for the benefit of...
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The Pacific Reporter, Volume 37

1894 - 1156 pages
...Greiner v. Greiner, 58 Cal. 122. The section of the Civil Code referred to Is as follows: "One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust or confidence or other wrongful act, is, unless he has some other and better right thereto, an involuntary...
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The "civil Code" in California

John Norton Pomeroy - 1885 - 100 pages
...previous title, which deals only with one species of trusts. f For example: " § 2224s — One who gains a thing by fraud, accident, mistake, undue influence,...benefit of the person who would otherwise have had it." This language is so broad that, if interpreted literally, it imperatively converts every one, who wrongfully...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 pages
...trust, or other JromtinK wrongful act, is, unless he has some other and better right fraud' etcthereto, an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it. i ARTICLE II. OBLIGATIONS OF TRUSTEES. Trustee's § 1690. In all matters connected with his trust,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 58

California. Supreme Court - 1886 - 764 pages
...became a trustee. It is provided by § 2224 of the Civil Code, that one who gains a thing by fraud, the violation of a trust or other wrongful act, is,...benefit of the person who would otherwise have had it. If Jacob Greiner had purchased the notes and mortgages held by the Bank of Woodland, with the one thousand...
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