 ... 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
 | Robert Stewart Morrison - Mining law - 1883 - 768 pages
...claim. This is required upon the general principle, " 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. If no such proof is established... | |
 | Joseph Henry Dart, Thomas Whitney Waterman - Real property - 1883 - 974 pages
...client, is thrown upon the attorney, upon the general rule, 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. If no such proof is established, courts of equity treat the case as one of constructive fraud. Chap'er... | |
 | Law reports, digests, etc - 1892 - 1150 pages
...them, and to be subject to that familiar rule in equity " that he who bargains in matter of advantage with a person placing confidence in him is bound to...a reasonable use has been made of that confidence, '' and thus precluded from gaining any advantage from the transaction between them. When, therefore,... | |
 | 1887 - 1038 pages
...large a gift from Morahan. Huguenin v. Baseley, 14 Ves. 300. He who bargains in matter of advantage with a person placing confidence in him, is bound...a reasonable use has been made of that confidence; the rule applies to trustees, attorneys or anyone else. Gibson, v. Jeyes, 6 Ves. 278. The relief stands... | |
 | Law reports, digests, etc - 1887 - 890 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...been made of that confidence, — a rule applying equally to all persons standing in confidential relations with each other": Story's Eq., sec. 312,... | |
 | Law reports, digests, etc - 1926 - 1230 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...has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other." Story's Eq. Juris. § 311.... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1905 - 686 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...has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other." The doctrine is more concisely... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1891 - 912 pages
...to be found? I 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...applying to trustees, attorneys, or any one else." Nor is this rule affected by the statute above mentioned, the object of which was, simply, to make... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1892 - 820 pages
...that he, who bargains in matter of advantage with a person placing confidence in him is bound to shew, that a reasonable use has been made of that confidence...applying to trustees, attorneys, or any one else. If that is the rule, see, how this transaction proceeds. First, with regard to the security. This lady,... | |
 | Law - 1893 - 268 pages
...to be found? I answer in that great rule of the Court that he who bargains in a matter of advantage with a person placing confidence in him is bound to...a reasonable use has been made of that confidence, the rule applying to trustees, attorneys or any one else." * * * It does not necessarily follow, however,... | |
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