 ... he who bargains in a matter of advantage with a person placing a confidence in him, is bound to show that a reasonable use has been made of that confidence, a rule applying equally to all persons standing in confidential relations with each other.  The New-York Legal Observer - Page 159edited by - 1849Full view - About this book
 | William Bell - Law - 1861 - 888 pages
...general transactions of mankind." A general rule is, that he who bargains in a matter of advantage with a person placing confidence in him, is bound...a reasonable use has been made of that confidence ; and this rule applies equally to all persons standing in confidential relations to each other. If... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 808 pages
...be set aside upon the ground of fraud and undue influence. 1. He who bargains in matter of advantage with a person placing confidence in him, is bound to show that i reasonable nse has been made of that confidence. [6 Ves., 278.] 2. It must be set aside as to both... | |
 | Joseph Story - Equity - 1866 - 860 pages
...attorney, upon the general rule, that he who bargains in a matter of advantage with a pei'son, placing a confidence in him, is bound to show that a reasonable...has been made of that confidence ; a rule applying equally to all persons standing in confidential relations with each other.2 If no traced through every... | |
 | Austin Abbott - Civil procedure - 1872 - 576 pages
...principle of equity, that he who barisr.s.— x— 11 Hatch «. Fogerty. gains in a matter of advantage with a person placing confidence in him, is bound...reasonable use has been made of that confidence." But the duties and obligation^ of mere trustees, whether enjoined by statute or derived from the principles... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1873 - 724 pages
...5 Vesey, 633.) Lord Eldon laid down the rule, that "he who Mr gains in a matter of advantage, urith a person placing confidence in him is bound to show...a reasonable use has been made of that confidence ; ' and our own courts have often held that contracts cannot be sanctioned if such confidence has been... | |
 | Frederick Thomas White - Equity - 1876 - 726 pages
...to be found ? 1 answer. in that great rule of the Court, that he who bargains in matter of advantage with a person placing confidence in him, is bound...of that confidence ; a rule applying to trustees, attornies, or any one else." See also Autttin v. Chambers, 6 C. & P. 1, 37; Trevelyan v. Charter, 9... | |
 | Joseph Story - Equity - 1877 - 936 pages
...attorney, upon the general rule, that he who bargains in a matter of advantage with a person, placing a confidence in him, is bound to show that a reasonable use has a degree of influence and ascendency, placing the client. in circumstances of disadvantage ; as where... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 884 pages
...Surely if anywhere the rule that he who bargains in a matter of advantage with a person, placing a confidence in him, is bound to show that a reasonable use has been made of that confidence, and that the arrangement is fair and conscientious, should be applied in a case where the wife conveyed... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...('), says that "it is a great 1270] rule *of the court that he who bargains in matters of advantage with a person placing confidence in him, is bound...confidence — a rule applying to trustees, attorneys, or anyone else." I think persons having property to sell may form a company for the purpose of buying... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1880 - 886 pages
...equity, is thrown upon the attorney npou the general rule that he who bargains in a matter of advantage with a person placing confidence in him, is bound...has been made of that confidence ; a rule applying equally to all persons standing in confidential relations with each other." '. Story's Eq. § 311.... | |
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