Legal Term Dictionary

Brotherly; relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit -Fraternal benefit association. A society or voluntary association organized and carried on for the mutual aid and benefit of its members, not for profit; which ordinarily has a More...

Brotherly; relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit -Fraternal benefit association. A society or voluntary association organized and carried on for the mutual aid and benefit of its members, not for profit; which ordinarily has a lodge system, a ritualistic form of work, and a representative government, makes provision for the payment of death benefits, and (sometimes) for benefits in case of accident sickness, or old age. the funds therefor being derived from dues paid or assessments levied on the members. National Union V. Marlow, 74 Fed. 778, 21 C. C. A. 89; Walker v. Giddings, 103 Mich. 344, 61 N. W. 512.-Fraternal insurance. The form of, life (or accident) insurance furnished by a fraternal beneficial association, consisting in the payment to a member, or his heirs in case of death, of a stipulated sum of money, out of funds raised for that purpose by the payment of dues or assessments by all the members of the association. Less...

A fraternity or brotherhood.

A fraternity or brotherhood. Less...

In old English law. "A corporation is an investing of the people of a place with the local government thereof, and therefore their laws shall bind strangers; hut a fraternity is some people of a place united together In respect to a mystery or business into a company, and their More...

In old English law. "A corporation is an investing of the people of a place with the local government thereof, and therefore their laws shall bind strangers; hut a fraternity is some people of a place united together In respect to a mystery or business into a company, and their laws and ordinances cannot bind strangers." Cuddon v. Eastwlck, 1 Salk. 192. Less...

Sworn brothers or companions for the defense of their sovereign, or for other purposes. Hoved. 445.

Sworn brothers or companions for the defense of their sovereign, or for other purposes. Hoved. 445. Less...

In old English law. Certain friars who wore white and black garments. Walsingham, 124.

In old English law. Certain friars who wore white and black garments. Walsingham, 124. Less...

A younger brother's inheritance.

A younger brother's inheritance. Less...

One who has killed a brother or sister; also the killing of a brother or sister.

One who has killed a brother or sister; also the killing of a brother or sister. Less...

Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. Maher v. Hibernia Ins. Co., 67 N. Y. 292; Alexander v. Church, 53 More...

Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. Maher v. Hibernia Ins. Co., 67 N. Y. 292; Alexander v. Church, 53 Conn. 561, 4 Atl. 103; Studer v. Bleistein, 115 N. Y. 316. 22 N. E. 243, 7 L. R. A. 702; Moore v. Crawford, 130 U. S. 122, 9 Sup. Ct. 447, 32 L. Ed. 878; Fechheimer v. Baum (C. C.) 37 Fed. 167; U. S. v. Beach (D. C.) 71 Fed. 160; Gardner v. Heartt, 3 Denio (N. Y.) 232; Monroe Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176. Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an Inconvenience or loss to the other. Civil Code La. art. 1847. Fraud, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence Justly reposed, and are Injurious to another, or by which ap undue and unconscientious ad' vantage is taken of another. 1 Story, Eq. Jur. f 187. Synonyms. The term "fraud" is sometimes used as synonymous with "covin," "collusion," or "deceit." But distinctions are properly taken in the meanings of these words, for which reference may be had to the titles COVIN; COLLUSION ; DECEIT. Classification. Fraud is either actual or constructive. Actual fraud consists in deceit, artifice, trick, design, some direct and active operation of the mind; it includes cases of the intentional and successful employment of any cunning, deception, or artifice used to circumvent or cheat another; it is something said, done, or omitted by a person with the design of perpetrating what he knows to be a cheat or deception. Constructive fraud consists in any act of commission or omission contrary to legal or equitable duty, trust or confidence justly reposed, which is contrary to good conscience, and operates to the injury of another. Or, as otherwise defined, it is an act statement or omission which operates as a virtual fraud on an individual, or which, if generally permitted, would be prejudicial to the public welfare, and yet may have been unconnected with any selfish or evil design. Or, according to Story, constructive frauds are such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate a positive fraud or injury upon other persons, are yet, by their tendency to deceive or mislead other persons, or to violate private or public Confidence, or to impair or injure the public interests, deemed equally reprehensible with actual fraud. 1 Story, Eq. Jur. $ 258. And see, generally. Code Ga. 1882, J 3173; People v. Kelly. 35 Barb. (N. Y.) 457; Jackson v. Jackson, 47 Ga. 99; Hatch v. Barrett, 34 Kan. 223, 8 Pac. 129; Forker v. Brown, 10 Misc. Rep. 161, 30 N. Y. Supp. 827; Massachusetts Ben. L. Ass'n v. Robinson, 104 Ga. 256, 30 S. E. 918, 42 L. R. A. 261; Haas v. Sternbach, 156 III. 44, 41 N. E. 51: Newell v. Wagness, 1 N. D. 62, 44 N. W. 1014; Carty v. Connolly, 91 Cal. 15, 27 Pac. 509. Fraud is also classified as fraud in fact and fraud in law. The former is actual, positive, intentional fraud. Fraud disclosed by matters of fact, as distinguished from constructive fraud or fraud in law. McKibbin v. Martin, 64 Pa. 356. 3 Am. Rep. 588; Cook v. Burnham, 3 Kan. App. 27, 44 Pac. 447. Fraud in law is fraud in contemplation of law; fraud implied or inferred by law; fraud made out by construction of law, as distinguished from fraud found by a jury from matter of fact; constructive fraud ( Less...

Lat. In the civil law. To deceive, cheat, or impose upon; to defraud.

Lat. In the civil law. To deceive, cheat, or impose upon; to defraud. Less...

Based on fraud; proceeding from or characterized by fraud; tainted by fraud; done, made, or effected with a purpose or design to carry out a fraud. -Fraudulent alienation. In a general sense, the transfer of property with an intent to defraud creditors, lienors, or others. In a particular sense, the More...

Based on fraud; proceeding from or characterized by fraud; tainted by fraud; done, made, or effected with a purpose or design to carry out a fraud. -Fraudulent alienation. In a general sense, the transfer of property with an intent to defraud creditors, lienors, or others. In a particular sense, the act of an administrator who wastes the assets of the estate by giving them away or selling at a gross undervalue. Rhame v. Lewis, 13 Rich. Eq. (S. C.) 269.- Fraudulent alienee. One who knowingly receives from an administrator assets of the estate under circumstances which make it a fraudulent alienation on the part of the administrator. Id.-Fraudulent concealment. The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. Magee v. Insurance Co., 92 U. S. 93, 23 L. Ed. 699; Page v. Parker. 43 N. H. 367. 80 Am. Dec. 172; Jordan v. Pickett. 78 Ala. 339; Small v. Graves, 7 arb. (N. Y.) 578.-Fraudulent conveyance. A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. Seymour v. Wilson, 14 N. Y. 5(59; Locker v. De Hart, 6 N. J. Law, 458; Land v. effries, 5 Rand. (Va.) 601; Blodgett v. Webster, 24 N. H. 103. Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor. Civ. Code Cal. 13439.-Fraudulent conveyances, statutes of, or against. The name given to two celebrated English statutes.-the statute 13 Eliz. c 5, made perpetual by 29 Eliz. c. 5; and the statute 27 Eliz. c. 4, made perpetual by 29 Eliz. c. 18.-Fraudulent preferences. In English law. Every conveyance or transfer of property or charge thereon made, every judgment made, every obligation incurred, and every judicial proceeding taken or suffered by any person unable to pay his debts as they become due from his own moneys, in favor of any creditor, with a view of giving such creditor a preference over other creditors, shall be deemed fraudulent and void if the debtor become bankrupt within three months. 32 A 33 Vict. c. 71, | 92-Fraudulent representation. A false statement, made with knowledge of its falsity, with the intention to persuade another or influence his action, and on which that other relies and by which be is deceived to his prejudice. See Wakefield Rattan Co. v. Tappan, 70 Hun, 405, 24 N. Y. Supp. 430; Montgomery St Ry. Co. v. Matthews, 77 Ala. 364, 54 Am. Rep. 60; Righter v. Roller, 31 Ark. 174; Page v. Parker, 43 N. H. 363, 80 Am. Dec. 172. Less...