 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1910 - 688 páginas
..."While equity does not deny the possibility of valid 'transactions between the two parties, yet, because every fiduciary relation Implies a condition of superiority...affirmatively Its compliance with equitable requisites, and thereby overcoming the presumption." In 6 Ency. of Ev., p. 10, the rule is tersely stated as follows... | |
 | John Norton Pomeroy - 1882 - 844 páginas
...While equity does not deny the possibility of valid transactions between the two parties, yet because every fiduciary relation implies a condition of superiority...transaction between them by which the superior party obtains л possible benefit, equity raises a presumption against its validity, and casts upon that party the... | |
 | 1909 - 1132 páginas
..."While equity does not deny the possibility of valid transactions between the two parties, yet, because every fiduciary relation implies a condition of superiority...affirmatively its compliance with equitable requisites, and thereby overcoming the presumption." In С Ency. of Ev. p. 10, the rule is tersely stated as follows... | |
 | 1914 - 1246 páginas
...that they would pay him for his time and trouble. They trusted In him and acted upon his advice. [3] Every fiduciary relation Implies a condition of superiority held by one of the parues over the other, and, in every transaction between them by which the superior party obtains a... | |
 | 1889 - 956 páginas
...dealing at arms-length ; for as a general rule, where the relations of the parties are such as imply a condition of superiority held by one of the parties over the other, there, in every transaction between them by which the superior party obtains a possible benefit, equity... | |
 | 1887 - 1016 páginas
...While equity does not deny the possibility of valid transactions between the two parties, yet, because every fiduciary relation implies a condition of superiority...other, in every transaction between them by which the 454 superior party obtains n possible benefit, eqmi raises a presumption against its validity, at casts... | |
 | Vermont. Supreme Court - 1888 - 810 páginas
...While equity does not deny the possibility of valid transactions between the two parties, yet, because every fiduciary relation implies a condition of superiority...requisites, and of thereby overcoming the presumption." It should be noted that the application of this principle is made purely upon the fact of the fiduciary... | |
 | Isaac Grant Thompson - 1888 - 974 páginas
..."While equity does not deny the possibility of valid transactions between the two parties, yet 'because every fiduciary relation implies a condition of superiority...requisites, and of thereby overcoming the presumption." In Rhodes v. Bute, LR, 1 Ch. App. Cas. 252, 257, Sir J. G. TURNER, lord justice, said: " I take it... | |
 | 1916 - 1216 páginas
...75 NY 91, 99 [31 Am. Rep. 428]. Where fiduciary relations exist, and a condition of superiority is held by one of the parties over the other, 'in every transaction between them by whtch the superior party obtains a possible benefit, equity raises a presumption against its validity,... | |
 | Abraham Clark Freeman - 1891 - 1028 páginas
...or confidential relation exists between the parties to a deed, gift, contract, or the like, the law implies a condition of superiority held by one of the parties over the other, so that in every such transaction between them by which the superior party obtains a possible benefit,... | |
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While equity does not deny the possibility of valid transactions between the two parties, yet because every fiduciary relation implies a condition of superiority held by one of the parties over the other, in every transaction between them by which the... 
