| New York (State). Commissioners of the Code - 1862 - 550 páginas
...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 - 1871 - 894 páginas
...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 - 1874 - 870 páginas
...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 - 1876 - 626 páginas
...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 - 1876 - 612 páginas
...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. 116, 621. ARTICLE II. ORLIGATIONS OF TRUSTEES. SwnON 2228. Trnstee's obligation to good faith.... | |
| 1886 - 1942 páginas
...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... | |
| 1894 - 1156 páginas
...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...benefit of the person who would otherwise have had it." We have seen that there was no violation of a trust or confidence; nor is it alleged, found, or claimed... | |
| 1901 - 1164 páginas
...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 - 1885 - 100 páginas
...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). - 1885 - 422 páginas
...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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