Page:Black's Law Dictionary (Second Edition).djvu/529

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brethren, and the souls of those that were dead. Cowell.

PEATERNAL. Brotherly; relating or belonging to a fraternity or an association of poisons formed for mutual aid and benefit, hut not for profit.

—I‘ benefit association. A society or voluntary association organized nnd carried on for the mutual aid and beach: of its members, not for ‘[)l'0i'll:7 nhich ordinarily has a lodge sistem, a ritualistic form of v\.orl:, and a rnpi ntative government, makes provision for thy payment of death benefits, and (sometimes) for benefits in case of u((_l(l(‘lJt. sitkness. oi- old age, the funds therefor being deriied from dues paid or assessments levied on the members. l_\utional Union v. Marlow, 74 Fed. 778, 21 C. C. A. 89; W'alk(-r v. Giddings, 103 Mich. 344, 61 N. W. 51'_’.—I‘:'nterna.1 insurance. ’ lie form of life (or accident) insurance furnished by a fraternal beneficial as -ition, con in

in the payment to :1 memh

~, or his heirs in C-PF of death, of a stipulated sum of mt-ncv. out of funds iniscd for that purpose by the paiment of dune or assessments by all the meiuhers of the association.

FRATERNIA. A fraternity or brother- hood. FRATERNITY. In old English law. “A

corporation is an investing of the people of a place with the local goxernment thereof, and therefore their laws shall hind strangers: hot a fraternity is some people of a place iinlted together in respect to a mystery or husiuess into a company, and their laws and or<liu.inL-es cannot hind strangers." Cuddon v. E.lStWiCk, 1 Salk. 192.

PRATRES CONJURATI. Sworn brothers or companions for the defense of their sovereign, or for other purposes. Hoved. -H5.

FRATRES PYES. In old English law. Ccitnin friars who ‘wore white and black

garments. Walsinghum, 12-1 FEATRIAGE. A younger hrother's tnheritauce.

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

FRAUD. Fraud consists of some deceit- ful pi 'i(-tlce or willful device, resorted to with intent to deprive another of his right, or in some manner to do liim an injury As distingiisued 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 Demo (N. Y.) 232; Mon-


roe Mercantile Co. v. Arnold. 108 Ga. 4-19. 34 S. E. 176.

Fraud, as applied to contracts, is the cause of an error hear-mg on a material part of the contract, created or continued by arfifiie. with design to obtain some unjust ndvantnge to the one party, or to cause an inconven- ience or loss to the other. Civil Code La. art. 1847.

Fraud, in the sense of B. court of equity, properly includes all acts, omissions, and cocnealments which involve a breach of legal or equitable duty, tiust, or confidence justly reposed, and are injurious to another, or hy which an undue and iiucouscientlnus ad-

vantage is taken of another. 1 Story, Eq. Jur. § 187 Synonyms. The term "frond" is sometimes

used ns_synou_$'m0us with "covin," “col|usion." or “deceit." But distinctions are properly taken in the meanings of these uords, for inch ref-

erence may he had to the titles Covi oi.i..U- EION; Ducarr. Classification. Fraud is eit_i>er aciuizl 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 circum- vent or dient another; it is something said, done, or omitted by a person with the disign 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 frnuds are such acts or contracts as. though not originating in any actual cVil design or contrivauce 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 puhlic confidence, or to impair or injure the public interests, deemed equally reprehensible nith actual fraud. 1 Story, Eq. Jur. § 258. And see. generally, Code Ga. ISSZ. § 3173: People v. Kelly. 35 Barb. (N. Y.) 45 , Jackson v. Jackson. 47 Ga 99; l-l-itch v. Barrett, :14 Km]. :24. 3 Puc. 129; I<‘orker v. Brown. 10 Misc. Rep 161. 30 N Y. Supp. 827; Massai-linseits Bun. L Ass'n v. Robinson, 10% Ga. 256. 30 S. E. 918. 42 L.

A. 26]: Haas v. Stcrnhacb, JFG Ill.

N. E . Newell V Wa':n€ss, 1 D. 6 , 44 N. W. 1014; Cnrty v. Connolly, 91 Cal. 15. 27 Due. 599.

Fraud is also classified us frizml in fact and fraud in law. The former is actual, positive, intentional fraud. Fraud disclosed h_v matters of fact, as distinguislied from constructive fraud or fraud in law. .\IcKll»‘.iin v. Martin. (14 Pa. 356. 3 Am. Ru’). 538: (‘ook v. Burnham, 3 Kan. App. 27, 44 Pac. 447. Fraud in law is fraud in contemplation of iaw; 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 from] (Q. 1:. See 2 Kent, Comm. 5]%532: Delaney v. alentine. 154 N. Y. (:92. 49 N. E. 65; Burr v. Clement, 9 Colo. 1, 9 Pac. G33. _

Fraud is also said to be legal or positive. The former is fraud made out by legal construction or inference, or the same thing as constructive fraud. Ncwell v. Wagness, 1 N. D. 62, 44