Dunn v. Dunn
Supreme Court of New Jersey
1. When two parties occupy to each other a confidential relation, and a sale 5s made by the party reposing confidence to the party in whom confidence is reposed, equity raises a presumption against the validity of the transaction; to sustain the sale, the buyer must show afiirmatively that the transaction was conducted in perfect good faith, without pressure of influence on his part, and ■with complete knowledge of the circumstances and entire freedom of action •on the part…
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1. When two parties occupy to each other a confidential relation, and a sale 5s made by the party reposing confidence to the party in whom confidence is reposed, equity raises a presumption against the validity of the transaction; to sustain the sale, the buyer must show afiirmatively that the transaction was conducted in perfect good faith, without pressure of influence on his part, and ■with complete knowledge of the circumstances and entire freedom of action •on the part of the seller; and when the confidential relation is that of attorney and client, the attorney, who buys, must show that…
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The decree from which these appeals have been taken was made in a cause wherein Keziah Dunn was complainant and Jennie E. Dunn and Alexander Dunn, her husband, and Wood-bury D. Holt, were three of the defendants.
The allegations of complainant’s bill, pertinent to the questions raised here, are substantially these, viz., that complainant was the owner of a bond made by Alexander and William C. Dunn, conditioned for the payment of $8,000, with interest, and secured by a mortgage on several tracts of land in Trenton; that she was induced to part…
2Cases cited1 opinion
- Howell v. RansomNew York Court of Chancery · 1845
3Cited by10 opinions
- Howard v. HowardSupreme Court of Vermont · 1960
- Sun B. L. Assn. v. RashkesNew Jersey Court of Chancery · 1936
- Raimondi v. BianchiNew Jersey Court of Chancery · 1926
- Shoup v. DowseyNew Jersey Court of Chancery · 1944
- Campana v. AngeliniNew Jersey Court of Chancery · 1942
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