| 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
...2224. 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...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
...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,...benefit of the person who would otherwise have had it." Where one party •wrongfully obtains the legal title to land, which in equity and good conscience... | |
| Law reports, digests, etc - 1894 - 1156 pages
...by fraxid, * » * in violation of a trust (that is, confidence reposed), or other wrongful act, is an involuntary trustee of the thing gained, for the...benefit of the person who would otherwise have had it." In support of this proposition, he cites Civ. Code, § 2224, and Greiner v. Greiner, 58 Cal. 122. The... | |
| Law reports, digests, etc - 1901 - 1164 pages
...DISTRIBUTION— EVIDENCE. 1. Civ. Code, S 2224. providing that "one who gains a thing by fraud * * * is * * * an involuntary trustee of the thing gained for the benefit of the person who would otherwise have gained it," if covering property gained by a judicial decree, applies only where the fraud is such... | |
| John Norton Pomeroy - Civil law - 1885 - 100 pages
...2224s — 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...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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