These two volumes present the early civil jurisprudence of fraud, including how one could obtain redress or relief from the injurious consequences of deceit. In examining the common-law doctrines of fraud, actual and constructive, both the substantive and procedural aspects are covered. This is followed by a presentation of the statutory law that relates to fraud on creditors and purchasers.
Melville M. Bigelow, 1846-1921, professor and author, graduated from the University of Michigan in 1866 in both Arts and Law. He was admitted to the Bar in Tennessee, and early began writing on legal subjects. He received a Ph.D. from Harvard in 1879 and became a Professor of Law at Boston University School of Law. There is a Chair named in his honor at the school. He authored many influential law books.
|
Cases Cited |
xvii |
|
Introduction |
lvii |
| Part I. |
Substantive Law of Fraud |
|
| I. |
Actual Fraud |
|
| Chapter I. |
Deceit |
3 |
| 1. |
Introductory |
3 |
| 2. |
Of the Nature of the Representation, including Concealment |
4 |
| 3. |
Of the Wrongdoer's Knowledge of the Falsity of the
Representation |
56 |
| 4. |
Of the Ignorance of the Complaining Party, and his Belief in
the Truth of the Representation |
64 |
| 5. |
Of the Intention that the Representation should be Acted
upon |
82 |
| 6. |
Of Acting upon the Representation |
85 |
| Chapter II. |
Special Frauds in Pais |
92 |
| 1. |
Introductory |
92 |
| 2. |
Of Frauds between Husband and Wife |
92 |
| 3. |
Of Confusion of Goods |
97 |
| 4. |
Of Alteration of Written Instruments |
98 |
| 5. |
Of Resulting Trusts |
107 |
| 6. |
Of Wills |
120 |
| 7. |
Of Bills and Notes |
128 |
| 8. |
Of Fraud on Powers |
132 |
| 9. |
Of Inadequacy of Consideration |
136 |
| 10. |
Of Public Sales |
141 |
| 11. |
Of Partnership |
146 |
| 12. |
Of Sureties |
150 |
| 13. |
Of Corporations |
151 |
| 14. |
Of Illiterate, Weak-minded, and Drunken Persons |
155 |
| 15. |
Of Delivery of Deeds |
156 |
| 16. |
Of Possession of Title-Deeds |
157 |
| 17. |
Of Lien of Innkeeper or Carrier |
158 |
| 18. |
Of Suppression or Destruction of Writings |
158 |
| 19. |
Of Releasing Judgment |
159 |
| 20. |
Of Repeal of Usury Laws |
159 |
| 21. |
Of Surprise |
160 |
| 22. |
Of Acts of Third Persons |
161 |
| Chapter III. |
Frauds on the Administration of the Law |
165 |
| 1. |
Of Attachments, Abuse of Process, &c. |
165 |
| 2. |
Of Domicil |
168 |
| 3. |
Of Sales and Knowledge of Intended Fraud |
169 |
| 4. |
Of Judgments and Awards |
170 |
| Chapter IV. |
Waiver and Confirmation |
184 |
| II. |
Presumptive or Constructive Fraud |
|
| Chapter V. |
Confidential Relations and the Like |
190 |
| 1. |
Introductory |
190 |
| 2. |
Of Attorney and Client |
192 |
| 3. |
Of Principal and Agent |
222 |
| 4. |
Of Partners |
232 |
| 5. |
Of Trustees |
236 |
| 6. |
Of Guardian and Ward |
250 |
| 7. |
Of Executors and Administrators |
254 |
| 8. |
Of Mortgagor and Mortgagee |
259 |
| 9. |
Of Parent and Child |
261 |
| 10. |
Of Physician and Patient |
266 |
| 11. |
Of Draftsman of Will taking Benefit |
267 |
| 12. |
Of Engagement to Marry |
271 |
| 13. |
Of Illegal Marriages or Relations |
271 |
| 14. |
Of Spiritual Advisers |
272 |
| 15. |
Of Volunteers |
272 |
| 16. |
Of Cotenants. Tenants for Life |
273 |
| 17. |
Of Joint Purchasers |
274 |
| 18. |
Of Expectant Heirs |
274 |
| 19. |
Of Sailors |
278 |
| 20. |
Of Aged Persons |
278 |
| 21. |
Of Illiterate, Weak-minded, and Drunken Persons |
279 |
| Chapter VI. |
Notice |
288 |
| 1. |
Of Putting One on Inquiry |
288 |
| 2. |
Of Lis Pendens |
300 |
| 3. |
Of Registration of Instruments |
302 |
| 4. |
Of Purchasers without Value |
307 |
| 5. |
Of Principal and Agent, Client and Attorney, &c. |
315 |
| Part II. |
Adjective Law of Fraud |
|
|
Procedure and Incidents Thereof |
|
| Chapter VII. |
Jurisdiction |
321 |
| Chapter VIII. |
Who may Allege Fraud |
336 |
| 1. |
Introductory |
336 |
| 2. |
Of Damage to Person not Intended |
336 |
| 3. |
Of being Particeps Criminis |
337 |
| 4. |
Of the Personal Nature of Fraud |
346 |
| 5. |
Of Suits by Personal Representatives |
349 |
| 6. |
Of Suits by Distributees |
351 |
| 7. |
Of Suits by Assignees |
351 |
| 8. |
Of Suits by Stockholders on Behalf of Corporations |
351 |
| 9. |
Of Suits by Partners and Joint Contractors |
352 |
| 10. |
Of Contribution |
353 |
| 11. |
Of Infant's Suit by Next Friend |
353 |
| Chapter IX. |
Against whom Fraud may be Alleged |
355 |
| 1. |
Of the Wrongdoer |
355 |
| 2. |
Of Infants |
355 |
| 3. |
Of Married Women |
358 |
| 4. |
Of Agency |
361 |
| 5. |
Of Partners |
371 |
| 6. |
Of Conspirators and the Like |
378 |
| 7. |
Of Cotrustees |
379 |
| 8. |
Of Coexecutors or Administrators |
379 |
| 9. |
Of Codistributees |
383 |
| Chapter X. |
Defences to Specific Performance |
384 |
| 1. |
Introductory |
384 |
| 2. |
Of the Statute of Frauds. Parol Agreements. Part Performance |
385 |
| 3. |
Of Terms of Decree. Discretion of Court |
390 |
| 4. |
Of Wills. Promise to Testator as to Disposition of Property |
392 |
| 5. |
Of Taking Advantage of Weak-minded or Illiterate Persons |
392 |
| 6. |
Of Inadequacy or Over-valuation |
393 |
| 7. |
Of Family Arrangements |
395 |
| 8. |
Of Innocent Lessees |
395 |
| 9. |
Of Mistake |
396 |
| 10. |
Of the Illegality of Contracts |
397 |
| 11. |
Of Direct Fraud |
397 |
| 12. |
Of Acts of Agents |
398 |
| Chapter XI. |
Rescission |
400 |
| 1. |
Introductory |
400 |
| 2. |
Of Damage |
400 |
| 3. |
How and for what Rescission is allowed |
401 |
| 4. |
Of Compensation instead of Rescission |
407 |
| 5. |
Of Tender of Performance or Return of Consideration |
408 |
| 6. |
Of Waiver of Right to Rescind |
424 |
| Chapter XII. |
Cross-Actions and New Trials |
428 |
| Chapter XIII. |
Estoppel in Pais |
438 |
| Chapter XIV. |
Laches and Statutes of Limitation |
441 |
| Chapter XV. |
Pleading |
450 |
| 1. |
Of the Allegation of Fraud |
450 |
| 2. |
Of the Denial of Fraud |
454 |
| 3. |
Of Demurrer |
456 |
| Chapter XVI. |
Practice |
458 |
| 1. |
Of Parties |
458 |
| 2. |
Of the Form of Remedy |
460 |
| 3. |
Of Discovery |
464 |
| 4. |
Of Charges of Actual Fraud |
465 |
| 5. |
Of the Denial of Fraud |
467 |
| 6. |
Of Amendment |
467 |
| 7. |
Of Law and Fact |
468 |
| 8. |
Of Verdicts Contrary to Evidence |
470 |
| 9. |
Of Fraud on Dower Rights |
470 |
| 10. |
Of Survivorship of Actions |
471 |
| 11. |
Of Submission to Judgment |
471 |
| Chapter XVII. |
Evidence |
472 |
| 1. |
Of Courts of Law and Courts of Equity |
472 |
| 2. |
Of Fraud in Law and Fraud in Fact |
474 |
| 3. |
Of Preponderating Evidence |
474 |
| 4. |
Of Circumstantial Evidence |
476 |
| 5. |
Of Evidence of Other Frauds |
478 |
| 6. |
Of Evidence of Conspirators and Joint Trespassers |
483 |
| 7. |
Of Declarations of Defendant or his Predecessor |
485 |
| 8. |
Of Parol Evidence |
487 |
| 9. |
Of Variance. Allegata et Probata |
490 |
| 10. |
Of the Burden of Proof |
493 |
| 11. |
Of Evidence in Rebuttal |
497 |
| 12. |
Of Criminating One's Self |
498 |
| 13. |
Of Privileged Communications |
499 |
| 14. |
Of Failure of Proof of Fraud |
500 |
| 15. |
Of Fraud on Testators |
500 |
| Chapter XVIII. |
Damages |
506 |
|
Statutes. Fraud on Creditors and Purchasers |
|
|
England |
517 |
|
United States |
529 |
|
Alabama |
535 |
|
Arkansas |
537 |
|
California |
539 |
|
Colorado |
543 |
|
Connecticut |
546 |
|
Delaware |
547 |
|
Florida |
549 |
|
Georgia |
553 |
|
Illinois |
556 |
|
Indiana |
559 |
|
Kentucky |
563 |
|
Maine |
565 |
|
Maryland |
567 |
|
Massachusetts |
569 |
|
Michigan |
576 |
|
Minnesota |
582 |
|
Mississippi |
587 |
|
Missouri |
589 |
|
Nebraska |
594 |
|
New Jersey |
598 |
|
New York |
601 |
|
North Carolina |
607 |
|
Ohio |
610 |
|
Oregon |
613 |
|
Pennsylvania |
616 |
|
Rhode Island |
619 |
|
South Carolina |
620 |
|
Tennessee |
623 |
|
Texas |
626 |
|
Vermont |
628 |
|
Virginia and West Virginia |
629 |
|
Wisconsin |
632 |
|
Index |
639 |
