Page:Black's Law Dictionary (Second Edition).djvu/530

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FRAUD

N. W. 1014. Positive fraud is the same thing as actual fraud Douthitt v. Appiegate, 33 Kan. 395, 6 Pac. um. 52 Am. Rep. 533 —Artionable fraud. See ACT[ONAE'LE.— Francis. statute of. This is the common designation of a vcry celebrated Enviish statute, (29 Car. [i. c. 3.) passed in 161., and which has been adopted. in a more or lsss modified form. in nearly all of the United States. its chief characteristic is the provision that no suit or notion shall he maintained on certain classes of contracts or engagements unless there shall be :1 note or memorandum thereof in writing signed by the party to be charged or by his authorized agent. Its object vr.-i to close Ibe door to the numerous frauds which were be- lieved to be perpetrated, and the perjarics wbirh were helieved to be committed, when such ob- iigatinns could be enforred upon no other evi- dence than the mere recollection of witnesses. It is more fully named as the “statute of frauds and perjuries."—Pious fraud. A suhtei-fuge or evasion considered morally justifiable an account of the ends sought to be promoted; particularly applied to an evasion or disregard of the laws in the interests of religiun or religious institutions. such as circumventing the statutes of mnrtxnriin,

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

FRAUDULENT. 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.

—1‘raudulenl; alienation. in :1 general sense, the transfer of property with nu intent to defraud creditors, iienors, or otbeis. In a particular sense. be not of an £Idl1‘ilulS"‘lI.'Ol' who wastes the assets of the estate by giving them away or selling at a gross under iuc. iilmme v. Lewis. 13 Rich. E11. (S. C.) Fraudulent alienee. One who knowingly receives from an administrator assets of the estate under circumstances whi make it I1 fraudulent alienation on the part nf the ad- " ' r'itor. Fraudulent concealment. iriing or suppression of a matsrial fact or circumstance which the party is legally or morally bound to disclose. nviagce v. Insurance U. S. 93, 23 L. Ed. 699; Page v. Park- H 367 S0 Am. Dec. 172: Jordan v. Ala. -3339: ..mail 1'. Gnives, 7 Barb. . 8.—.I‘raudulent conveyance. (-onve-yaiicu or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property llciond his


reuch. Seymour v. Wilsou. 14 IV. 1’ 5130; Lock- ycr v. De Hart. 6 N. Law, 408; Land v.

Jeffries. 5 Hand. (Va) 601; Blodgett v. Web- ster, 2-1 N. H. 103. Every transfer of property or charge thereon made. every obligation icnurred, and every judicial proceeding taken with intent to delay or defraud any creditor or other person of his demands. is void against all cred- itors of the debtor, and their successors in intcrest, and against uuy person upon whom the estate of the debtor devolves in trust for the lu-ucfil of others than the debtor. Civ Code

‘ai. §3-ii ——1‘x-auduient conveyances, statutes of, or against. The name gin-n to two celebrated English statutes.—the statute 13 Elia. r. 5. made perpetual by 29 Eliz. c. 5: and the statute 27 I-Iliz. c. 4. made perpetual by 29 Eiiz. c. ‘lS.—Frs.udulent preferences. In English law. i-‘veiy cmi\eysnc1- or transfer of properly or charge thereon made. every judgment made. every obligation incurred, and every judicial proceeding taken or sulfered by any person unable to pay his debts as they become due from his own moneys, in favor of any cieditor, with a view of giving such creditor a preference over

522 FREDNITE

otl_ier_creditors. shall be deemed fraudulent and void if the debtor become bankrupt within three months. 32 8: 33 Vict. KL 7]. 5 92.—I‘raiidu- lent representation. A false statement. made with knowlcdge of its faisity, 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 \‘V:il(cficid Rattan Co. v. Tappiin. ‘T0 Hun, 403. M N. Y. Supp. 430: Montgomery St. Ry. Co. v. Matthews. 77 Ala. 36-1. 54 Am. Rep. 60; Righter v. Roller. 31 Ark. 174: Page v. Pariier.

3 N. H. 80 Am. Dec. 172.

rmiuivo, See FRANK.

FRAUNCHE, FRAUNKE.

PRAUNCHISE. L.l"‘r Afranchise.

FRAUS. Lat. Fraud. More commonly called. in the civil law. "twins," and "dolus mulus," (q. 1:.) A distinction, however, was sometimes made between “fmus" and "dob us;" the former being held to be of the most extensive import. Calvin.

—!‘rans dans locum oontractui. A misrep- resentation or concealment of some fact that is material to the contract, and had the truth re- garding wbidi been known the contract would not have been made as made, is called a “fraud dun-3 locum oantractui :" i. c.. a fraud 0cl"nsioning the contract, or giving place or occasion for the coritract.—I‘ru.u.s legis. Lat. In the cliil

law. I-‘rand of law; fraud upon law. See IN Faannmt Lnors. Frau: est celare £1-nudem. It is a fraud

to conceal a fraud 1 Vern. 2-10; 1 Story. Eq. Jur. 55 389. 390.

Frau: est odious et non praaaumanda. Fraud is odious, and not to be presumed. Cro. Car. 550.

I‘:-an: at dc-ins nemini pntrocinari de- bent. Fraud nnd deceit should defend or excuse no man. 8 Cake. 78; Fleta, lib. 1, c. 13.515: Id. lib. 6. c. 6.5 5.

Frans at jun nunquam cohnbitant. Wing. 680. Fraud and justice never dwell together.

F1-nus Intel; in generalilnu. Fraud lies hid in general expressions. Frau: nieratur frandem. Plowd. 100.

Fraud merits fraud.

FRAXINETUM. In old English law. A wood of ashes; a place where ashes grow. Co. ‘Lift. 41); Shep. Touch. 95.

PRAY. See Al.-‘FBAY.

FR]-JCTUM. In old English law. Freight Qiwml frcttum nariu-in sumum, as to the freight of his vessels. Blount.

FREDNITE. In old English law. A liberty to hold courts and take up the fines for heating and wounding. To be free from fines

Cowell.