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" Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence... "
The Southeastern Reporter - Page 236
1904
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 51

New Jersey. Court of Chancery - 1894 - 722 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...to retain the advantage, although the transaction oould not have been impeached if no such confidential relation had existed." In Billage v. Southee,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 119

Alabama. Supreme Court - 1899 - 832 pages
...influence which naturally grows out of the confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, tne person so availing himself of such position will not be permitted to retain the advantage, although...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 60

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1888 - 776 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...position will not be permitted to retain the advantage. * * * It is settled by an overwhelming weight of authority that the principle extends to every possible...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 298

Illinois. Supreme Court - 1921 - 696 pages
...influence which necessarily grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...impeached if no such confidential relation had existed." (Bispham's Eq. sec. 232; Thomas v. Whitney, 186 111. 225 ; GraJ1am v. King, 96 Ky. 339. ) Under the...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 244

Illinois. Supreme Court - 1910 - 718 pages
...or the influence is exerted to obtain an advantage at the expense of the confiding party, the person availing himself of his position will not be permitted...the transaction could not have been impeached if no confidential relation had existed. Roby v. Colehour, 135 111. 337. Transactions between a party and...
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A Treatise on the Law of Fraud and Mistake as Administered in Courts of Equity

William Williamson Kerr - 1868 - 498 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused or the influence is exerted to obtain an...been impeached if no such confidential relation had subsisted (z). The rule of equity which prohibits a man, who fills a position of a fiduciary character,...
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The Law of Vendors and Purchasers of Real Property

Francis Hilliard - 1868 - 670 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...advantage at the expense of the confiding party." (Per Lord Chelmsford, LC2) So suspicion of fraud, coupled with gross inadequacy of price, and the pressure...
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The Indian Contract Act, Act IX. of 1872, with a Commentary, Etc

India, Charles Colin Macrae - 1874 - 274 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...been impeached if no such confidential relation had existed—Tate v. Williamson, LR, 2 Ch. App., 55. Again, the law does not allow a person to keep silence...
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THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED ...

GEO. TUCKER BISPHAM - 1874 - 610 pages
...influence which necessarily grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...been impeached if no such confidential relation had existed.5 There can be no contract between the two, except after the fullest and fairest explanation...
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Principles of Contract at Law and in Equity: Being a Treatise on ..., Page 776

Frederick Pollock - 1876 - 696 pages
...influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an...impeached if no such confidential relation had existed " («). " .Nothing can be more important to maintain " (it has been recently said) " than the jurisdiction,...
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