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his equitable fraud has provented him from commencing his causo of
action. The teat of equitable fraud is stated in Partrick Ve Oroves
and the Vost Jereoy Reilroed case, both supra.
In this the plaintirr contende that the testimony tenda to
show:
"1. An omission which involvos a bronoh of
legal duty.
An omission which involves a bronch of
cont Mance justly repored (found in the
that as e metter of lew the servent 1a entitled
to assumo that his nester has exercised due anzo
to fulfill the obligations imposed upon hin by
low, Louterita Ve Ice Consumers Coes and
found also In the thet that 68 a or squity
it is a fraud to net as the defendant 61d vherever
there exiets in thot a rolationship in which este
fidence is repoand on one sión with e remalting
superiority on the other side. Pomeroy Bg.
Da 2039, es quoted at page 17 of the
trial briefe)
"3. An amission which involves a bronoh or
legal and equitable duties, and by which undue and
unconsciontious advantage is sought to be takon."
The plaintire furthor contende that the evidenae requires a
finding that the defendent is not entitled to use the statute of
limititions as a defense on the following grounds:
"1. Actual fraud, consisting of concesment
of material fnots when there wes a duty to dia-
close theme
*2. Squitable estogpel, found in
(a) Actual knowledge
closuzo of material tnots when a duty
to disolose them existed.
(b) Imputed knowledge of mtorial
Tacts and under the
name circunstendes.
(o) Prominate qausation within the
meaning of the rule stated in Partrick
V. Groves and the other thorities,
as set forth in the trinl brief.
"3. Constructive fraud, found in
(a) Actual knowledge and non-dis-
closure of material faots when a duty
to disclose them existod.
(b) Imputed knowledge of material Taota
and non-disolosure under the asme
(o) Proximate eausation vl thin the meening
of the rule stated in Partrick V. Groves and the
other authorities, as sot forth in the trinl brief."
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Document data
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"ocrText": "his equitable fraud has provented him from commencing his causo of\naction. The teat of equitable fraud is stated in Partrick Ve Oroves\nand the Vost Jereoy Reilroed case, both supra.\nIn this the plaintirr contende that the testimony tenda to\nshow:\n\"1. An omission which involvos a bronoh of\nlegal duty.\nAn omission which involves a bronch of\ncont Mance justly repored (found in the\nthat as e metter of lew the servent 1a entitled\nto assumo that his nester has exercised due anzo\nto fulfill the obligations imposed upon hin by\nlow, Louterita Ve Ice Consumers Coes and\nfound also In the thet that 68 a or squity\nit is a fraud to net as the defendant 61d vherever\nthere exiets in thot a rolationship in which este\nfidence is repoand on one sión with e remalting\nsuperiority on the other side. Pomeroy Bg.\nDa 2039, es quoted at page 17 of the\ntrial briefe)\n\"3. An amission which involves a bronoh or\nlegal and equitable duties, and by which undue and\nunconsciontious advantage is sought to be takon.\"\nThe plaintire furthor contende that the evidenae requires a\nfinding that the defendent is not entitled to use the statute of\nlimititions as a defense on the following grounds:\n\"1. Actual fraud, consisting of concesment\nof material fnots when there wes a duty to dia-\nclose theme\n*2. Squitable estogpel, found in\n(a) Actual knowledge\nclosuzo of material tnots when a duty\nto disolose them existed.\n(b) Imputed knowledge of mtorial\nTacts and under the\nname circunstendes.\n(o) Prominate qausation within the\nmeaning of the rule stated in Partrick\nV. Groves and the other thorities,\nas set forth in the trinl brief.\n\"3. Constructive fraud, found in\n(a) Actual knowledge and non-dis-\nclosure of material faots when a duty\nto disclose them existod.\n(b) Imputed knowledge of material Taota\nand non-disolosure under the asme\n(o) Proximate eausation vl thin the meening\nof the rule stated in Partrick V. Groves and the\nother authorities, as sot forth in the trinl brief.\""
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