Where a person is party to a fraud

Everybody's Encyelopedia · 1912 · p. 21
all that followed by reason of that fraud shall be said to be done by him. A party prejudiced by a fraud may file a bill in equity for a discovery of all its circumstances. Mere inadeed of price alone is not a ground or a court to annul an agreement; but if there be such inadequacy as to show that the person did not understand the bargain he made, or was so oppre ed that he was glad to make it, knowing its inadequacy, it will show a command over him which may amount to a fraud. If a person be fraudulently prevented from doing an act, equity will consider the act as done; and equity also relieves against bargains made under misconception of rights, In treaties, conceal me at of « material fact by one of the parties, in order to keep the other in ignorance, whereby to profit, is a gro fraud, and the contract will be set aside in equity. Gro criminal frauds are punishable by way of indictment or information; such as causing an illiterate person to execute a deed to his prejudice, ete. For these, and such-like offenses, the party may be punished with fine and imprisonment. Frauds are not indictable at common law unle they be such as affect the public —as vending unwholesome provisions, or using false weights and measures; these offences, however, being usually dealt with by local ordinances, or by statutes of general application throughout the State. W., about 36 miles. Through the strait a constant current runs s¢ strongly from the Atlantic that sailing ve els bound W. can pa them only by the aid of a Levanter, or strong breeze from the B. It is believed that the waters of the Mediterranean find an outlet here by an under-current.
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