Positive fraud
Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914)
Definitions from Case Law
From 38 U.S. 26 - William Smith v. Guy Richards · 1839Most cited · 133 citing opinions
Where the party intentionally, or by design, misrepresents a material fact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him; in every such case there is a positive fraud, in the truest sense of the terms; there is an evil act, with an evil intent; dolum malum, ad circumveniendum. And the misrepresentation may be as well by deeds or acts, as by words; by artifices to mislead, as by positive assertions.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The intentional and successful employment of any cunning, deception, or artifice to circumvent, cheat, or deceive another. 1 Story, Eq. Jur. 186; Dig. 4. 3. 1. 2; Id. 2. 14. 7. 9. It is cited in opposition to constructive fraud.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
See Fraud.