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 and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would... The Northwestern Reporter - Sida 1121920Obegränsad förhandsgranskning - Om den här boken
| North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1900 - 732 sidor
...influence, the violation of a trust or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing...benefit of the person who would otherwise have had it." Under the head of "Obligation of Trustees," section 4265, Id., provides that "a trustee may not use... | |
| Wyoming. Supreme Court - 1893 - 470 sidor
...fraud, accident, mistake, undue influence, the violation oí a trust. or other wrongful act. is * * * an involuntary trustee of the thing gained for the...benefit of the person who would otherwise have had it. " öuesseubach v. Bann, (Dak.) 41 NW Rep. 062. 231 WYOMING REPOllTS, VOL. 3. Culver v. Graham. LAND... | |
| 1909 - 936 sidor
...influence, the violation of a trust, or other wrongful act is, unless he has some other and better right thereto, an involuntary trustee of the thing...of the person who would otherwise have had it." The only possible objection, then, to the scheme of the complaint lies in the suggestion that it gives... | |
| 1925 - 984 sidor
...influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing...benefit of the person who would otherwise have had it."—Id. 29. SECTION 2224, CIVIL CODE — CONSTRUCTION or. — Section 2224 of the Civil Code merely... | |
| 1925 - 948 sidor
...which provides that one who gains a 66 Cal. App. — SS MORTGAGES (Continued). thing by mistake is an involuntary trustee of the thing gained for the benefit of the person who otherwise would have had it, can have no application to the facts of a case where the mortgagors have... | |
| South Dakota. Supreme Court - 1900 - 736 sidor
...wrongful act, is, unless he has some other and better right Feb., 1899.] Opinion of the Court—CORSON, PJ thereto, an involuntary trustee, of the thing gained,...benefit of the person who would otherwise have had it." These sections are copies of Sections 1171 and 1176 of the proposed Civil Code of New York; and that... | |
| Philippines - 1989 - 782 sidor
...undue influence the violation of a trust, or other wrongful act is, unless he has come better title thereto, an involuntary trustee of the thing gained,...benefit of the person who would otherwise have had it."* "As stated by Justice Cardozo, a constructive trust is the formula through which the conscience of... | |
| California. Supreme Court - 1926 - 964 sidor
...influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing...benefit of the person who would otherwise have had it." [6] Whether or not Collins intended and planned to gain an advantage over Kelleher was a question for... | |
| California. Supreme Court - 1906 - 818 sidor
...possession of the amount of an insurance policy, whether by mistake or otherwise, becomes trustees of the thing gained for the benefit of the person who would otherwise have had it. ID. — INSUFFICIENT ANSWER — ESTOPPEL — DISTRIRUTION OF ESTATE. — In an action against the executors... | |
| California. Supreme Court - 1906 - 870 sidor
...wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing for the benefit of the person who would otherwise have had it." (Civ. Code, sec. 2224 ; Story's Equity Jurisprudence. sec. 885; Pomeroy's Equity Jurisprudence, sec.... | |
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