Bishop v. Bishop

My views in this case differ substantially from those of my colleagues:(1) As to Fraud: There is ample evidence in the record to sustain the conclusion of the court below that Corey Bishop (Cornelius Below) induced Mildred Bishop by fraud to sign the deed naming Kelly, Ethel Bishop’s attorney, as “trustee”, and that Kelly was a party thereto, Mildred Bishop not knowing that Kelly was Ethel Bishop’s lawyer. D.C.V.I.1957, 152 F.Supp. 4, 7-8. The fraud of an agent or attorney is imputable to his principal. The obvious reason, as the court below found, for not including the cestui’s name in the…