 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...  The Northwestern Reporter - Page 4031891Full view - About this book
 | New York (State). Commissioners of the Code - Civil law - 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... | |
 | California, California. Commission to Revise the Laws of California - 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... | |
 | California - Civil law - 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,... | |
 | California - Civil law - 1876 - 626 pages
...wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner. § 2224. One who gains a thing by fraud, accident, mistake,...benefit of the person who would otherwise have had it. ARTICLE II. ORLIGATIONS OF TRUSTEES. SECTION 2228. Trustee's obligation to good faith. 2229. Trustee... | |
 | California - Civil law - 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.... | |
 | Law reports, digests, etc - 1886 - 1942 pages
...satisfactorily establishes one of its affirmative defenses. The Civil Code, § 2224, declares that "one who gains a thing by fraud, accident, mistake,...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,... | |
 | Law reports, digests, etc - 1901 - 1164 pages
...excepting through such fraud. Our Code lays down the general rule in such cases in the following language: "One who gains a thing by fraud, accident, mistake,...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... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...2224, and 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... | |
 | John Norton Pomeroy - Civil law - 1885 - 100 pages
...expressions of the previous title, which deals only with one species of trusts. f For example: " § 2224s — One who gains a thing by fraud, accident, mistake,...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... | |
 | New York (State). - Civil law - 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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