 | Law reports, digests, etc - 1859 - 1076 pages
...Lord Campbell said, in the case of The Deposit Assurance Company v. Ayscough, " It is now well settled that a contract tainted by fraud is not void, but...dividend on his shares, which was a benefit to him, out of the common fund, to the prejudice of the other shareholders, and he dealt with the shares so... | |
 | Great Britain. Court of Chancery - Law reports, digests, etc - 1867 - 882 pages
...^°- that case Lord Campbell, in delivering the judgment of the > Court, said : " It is well settled that a contract tainted by fraud is not void, but...voidable at the election of the party defrauded." In Henderson v. Royal British Bank (2), it was decided that it is no defence against a creditor of... | |
 | Sir Edward Fry - Contracts - 1884 - 868 pages
...said Lord Campbell, CJ, in The Deposit and General Life Assurance Co. Registered v. Ayscough,(c) " that a contract tainted by fraud is not void but only...voidable at the election of the party defrauded." It is valid till disaffirmed ; not void till affirmed, (d) § 7O3. From this distinction, many important... | |
 | Law reports, digests, etc - 1891 - 1156 pages
...78 Ind. 285; Agricultural Works v. Phillips. 47 Ind. 259. A contract or other transaction induced or tainted by fraud is not void, but only voidable, at the election of the party defrauded. If he wants to avoid the contract itself, as a contract or cause of action, he must, when he discovers... | |
 | Herbert Broom - Legal maxims - 1900 - 888 pages
...condition (z) — " you cannot both eat your cake, and return your cake "(a). And a contract induced by fraud is not void, but only voidable at the election of the party defrauded (b) . When once he has elected to abide by the contract, being aware of the fraud, he cannot afterwards... | |
 | Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1901 - 936 pages
...the mortgage expressly authorizes him to do so, a purchase by him at a sale, made fairly and without fraud, is not void, but only voidable, at the election of the mortgagor to redeem at any time before final judgment of eviction. Standback v. Thornton, 106 Ga. 81... | |
 | Indiana. Appellate Court - Law reports, digests, etc - 1912 - 846 pages
...Ind. App. 478. (1855), 6 Ind. 414; Brown v. Loesch (1891), 3 Ind. App. 145. A contract tainted with fraud is not void, but only voidable at the election of the party defrauded. 2. Thompson v. Peck (1888), 115 Ind. 512, 1 LRA 201; Adam, Meldrum, etc., Co. v. Stewart (1902), 157... | |
 | E. Hilton Jackson - Latin language - 1915 - 348 pages
...(Co. Litt. 146). — Where choice is once made it cannot be disapproved any longer. A contract induced by fraud is not void, but only voidable at the election of the party defrauded. When once he has elected to abide by the contract, being aware of the fraud, he cannot afterwards rescind... | |
 | Law reports, digests, etc - 1918 - 652 pages
...the MCPHILLIPS, wjll and influence the assent. But a contract or other transaction induced J°A° or tainted by fraud is not void, but only voidable at the election of the party defrauded (Raiclins v. Wifkham [(1858)], 3 De G. & J. 304 at p. 322; Western Bank of Scotland v. Addie [(1867)].... | |
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It is now well settled that a contract tainted by fraud is not void, but only voidable at the election of the party defrauded. 
