|
Cases Cited |
xvii |
|
Introduction |
lvii |
| Part I. |
Substantive Law of Fraud |
|
| I. |
Actual Fraud |
|
| Chapter I. |
Deceit |
3 |
| 1. |
Introductory |
3 |
| 2. |
Of the Nature of the Representation, including Concealment |
4 |
| 3. |
Of the Wrongdoer's Knowledge of the Falsity of the
Representation |
56 |
| 4. |
Of the Ignorance of the Complaining Party, and his Belief in
the Truth of the Representation |
64 |
| 5. |
Of the Intention that the Representation should be Acted
upon |
82 |
| 6. |
Of Acting upon the Representation |
85 |
| Chapter II. |
Special Frauds in Pais |
92 |
| 1. |
Introductory |
92 |
| 2. |
Of Frauds between Husband and Wife |
92 |
| 3. |
Of Confusion of Goods |
97 |
| 4. |
Of Alteration of Written Instruments |
98 |
| 5. |
Of Resulting Trusts |
107 |
| 6. |
Of Wills |
120 |
| 7. |
Of Bills and Notes |
128 |
| 8. |
Of Fraud on Powers |
132 |
| 9. |
Of Inadequacy of Consideration |
136 |
| 10. |
Of Public Sales |
141 |
| 11. |
Of Partnership |
146 |
| 12. |
Of Sureties |
150 |
| 13. |
Of Corporations |
151 |
| 14. |
Of Illiterate, Weak-minded, and Drunken Persons |
155 |
| 15. |
Of Delivery of Deeds |
156 |
| 16. |
Of Possession of Title-Deeds |
157 |
| 17. |
Of Lien of Innkeeper or Carrier |
158 |
| 18. |
Of Suppression or Destruction of Writings |
158 |
| 19. |
Of Releasing Judgment |
159 |
| 20. |
Of Repeal of Usury Laws |
159 |
| 21. |
Of Surprise |
160 |
| 22. |
Of Acts of Third Persons |
161 |
| Chapter III. |
Frauds on the Administration of the Law |
165 |
| 1. |
Of Attachments, Abuse of Process, &c. |
165 |
| 2. |
Of Domicil |
168 |
| 3. |
Of Sales and Knowledge of Intended Fraud |
169 |
| 4. |
Of Judgments and Awards |
170 |
| Chapter IV. |
Waiver and Confirmation |
184 |
| II. |
Presumptive or Constructive Fraud |
|
| Chapter V. |
Confidential Relations and the Like |
190 |
| 1. |
Introductory |
190 |
| 2. |
Of Attorney and Client |
192 |
| 3. |
Of Principal and Agent |
222 |
| 4. |
Of Partners |
232 |
| 5. |
Of Trustees |
236 |
| 6. |
Of Guardian and Ward |
250 |
| 7. |
Of Executors and Administrators |
254 |
| 8. |
Of Mortgagor and Mortgagee |
259 |
| 9. |
Of Parent and Child |
261 |
| 10. |
Of Physician and Patient |
266 |
| 11. |
Of Draftsman of Will taking Benefit |
267 |
| 12. |
Of Engagement to Marry |
271 |
| 13. |
Of Illegal Marriages or Relations |
271 |
| 14. |
Of Spiritual Advisers |
272 |
| 15. |
Of Volunteers |
272 |
| 16. |
Of Cotenants. Tenants for Life |
273 |
| 17. |
Of Joint Purchasers |
274 |
| 18. |
Of Expectant Heirs |
274 |
| 19. |
Of Sailors |
278 |
| 20. |
Of Aged Persons |
278 |
| 21. |
Of Illiterate, Weak-minded, and Drunken Persons |
279 |
| Chapter VI. |
Notice |
288 |
| 1. |
Of Putting One on Inquiry |
288 |
| 2. |
Of Lis Pendens |
300 |
| 3. |
Of Registration of Instruments |
302 |
| 4. |
Of Purchasers without Value |
307 |
| 5. |
Of Principal and Agent, Client and Attorney, &c. |
315 |
| Part II. |
Adjective Law of Fraud |
|
|
Procedure and Incidents Thereof |
|
| Chapter VII. |
Jurisdiction |
321 |
| Chapter VIII. |
Who may Allege Fraud |
336 |
| 1. |
Introductory |
336 |
| 2. |
Of Damage to Person not Intended |
336 |
| 3. |
Of being Particeps Criminis |
337 |
| 4. |
Of the Personal Nature of Fraud |
346 |
| 5. |
Of Suits by Personal Representatives |
349 |
| 6. |
Of Suits by Distributees |
351 |
| 7. |
Of Suits by Assignees |
351 |
| 8. |
Of Suits by Stockholders on Behalf of Corporations |
351 |
| 9. |
Of Suits by Partners and Joint Contractors |
352 |
| 10. |
Of Contribution |
353 |
| 11. |
Of Infant's Suit by Next Friend |
353 |
| Chapter IX. |
Against whom Fraud may be Alleged |
355 |
| 1. |
Of the Wrongdoer |
355 |
| 2. |
Of Infants |
355 |
| 3. |
Of Married Women |
358 |
| 4. |
Of Agency |
361 |
| 5. |
Of Partners |
371 |
| 6. |
Of Conspirators and the Like |
378 |
| 7. |
Of Cotrustees |
379 |
| 8. |
Of Coexecutors or Administrators |
379 |
| 9. |
Of Codistributees |
383 |
| Chapter X. |
Defences to Specific Performance |
384 |
| 1. |
Introductory |
384 |
| 2. |
Of the Statute of Frauds. Parol Agreements. Part Performance |
385 |
| 3. |
Of Terms of Decree. Discretion of Court |
390 |
| 4. |
Of Wills. Promise to Testator as to Disposition of Property |
392 |
| 5. |
Of Taking Advantage of Weak-minded or Illiterate Persons |
392 |
| 6. |
Of Inadequacy or Over-valuation |
393 |
| 7. |
Of Family Arrangements |
395 |
| 8. |
Of Innocent Lessees |
395 |
| 9. |
Of Mistake |
396 |
| 10. |
Of the Illegality of Contracts |
397 |
| 11. |
Of Direct Fraud |
397 |
| 12. |
Of Acts of Agents |
398 |
| Chapter XI. |
Rescission |
400 |
| 1. |
Introductory |
400 |
| 2. |
Of Damage |
400 |
| 3. |
How and for what Rescission is allowed |
401 |
| 4. |
Of Compensation instead of Rescission |
407 |
| 5. |
Of Tender of Performance or Return of Consideration |
408 |
| 6. |
Of Waiver of Right to Rescind |
424 |
| Chapter XII. |
Cross-Actions and New Trials |
428 |
| Chapter XIII. |
Estoppel in Pais |
438 |
| Chapter XIV. |
Laches and Statutes of Limitation |
441 |
| Chapter XV. |
Pleading |
450 |
| 1. |
Of the Allegation of Fraud |
450 |
| 2. |
Of the Denial of Fraud |
454 |
| 3. |
Of Demurrer |
456 |
| Chapter XVI. |
Practice |
458 |
| 1. |
Of Parties |
458 |
| 2. |
Of the Form of Remedy |
460 |
| 3. |
Of Discovery |
464 |
| 4. |
Of Charges of Actual Fraud |
465 |
| 5. |
Of the Denial of Fraud |
467 |
| 6. |
Of Amendment |
467 |
| 7. |
Of Law and Fact |
468 |
| 8. |
Of Verdicts Contrary to Evidence |
470 |
| 9. |
Of Fraud on Dower Rights |
470 |
| 10. |
Of Survivorship of Actions |
471 |
| 11. |
Of Submission to Judgment |
471 |
| Chapter XVII. |
Evidence |
472 |
| 1. |
Of Courts of Law and Courts of Equity |
472 |
| 2. |
Of Fraud in Law and Fraud in Fact |
474 |
| 3. |
Of Preponderating Evidence |
474 |
| 4. |
Of Circumstantial Evidence |
476 |
| 5. |
Of Evidence of Other Frauds |
478 |
| 6. |
Of Evidence of Conspirators and Joint Trespassers |
483 |
| 7. |
Of Declarations of Defendant or his Predecessor |
485 |
| 8. |
Of Parol Evidence |
487 |
| 9. |
Of Variance. Allegata et Probata |
490 |
| 10. |
Of the Burden of Proof |
493 |
| 11. |
Of Evidence in Rebuttal |
497 |
| 12. |
Of Criminating One's Self |
498 |
| 13. |
Of Privileged Communications |
499 |
| 14. |
Of Failure of Proof of Fraud |
500 |
| 15. |
Of Fraud on Testators |
500 |
| Chapter XVIII. |
Damages |
506 |
|
Statutes. Fraud on Creditors and Purchasers |
|
|
England |
517 |
|
United States |
529 |
|
Alabama |
535 |
|
Arkansas |
537 |
|
California |
539 |
|
Colorado |
543 |
|
Connecticut |
546 |
|
Delaware |
547 |
|
Florida |
549 |
|
Georgia |
553 |
|
Illinois |
556 |
|
Indiana |
559 |
|
Kentucky |
563 |
|
Maine |
565 |
|
Maryland |
567 |
|
Massachusetts |
569 |
|
Michigan |
576 |
|
Minnesota |
582 |
|
Mississippi |
587 |
|
Missouri |
589 |
|
Nebraska |
594 |
|
New Jersey |
598 |
|
New York |
601 |
|
North Carolina |
607 |
|
Ohio |
610 |
|
Oregon |
613 |
|
Pennsylvania |
616 |
|
Rhode Island |
619 |
|
South Carolina |
620 |
|
Tennessee |
623 |
|
Texas |
626 |
|
Vermont |
628 |
|
Virginia and West Virginia |
629 |
|
Wisconsin |
632 |
|
Index |
639 |
