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§ 715.

Fraud ex delicto injures what rights.

§ 717.

§ 718.

§ 719.

§ 720.

The representation-Intention.

§ 721.

§ 722.

§ 723.

When action in tort will lie.

Same continued-Must cause damage or injury
Modes of representation.

Knowledge of falsity.

Knowledge-Is actual knowledge and intent essential.

Knowledge of falsity continued-Rule when false warranty
made.

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§ 726.

Right to rely continued-Negligence of the one relying.

§ 727.

Right to rely continued-Conduct of person deceiving as
affecting.

§ 728. Right to rely continued-Where confidential or fiduciary re-

lation sustained.

§ 729. Right to rely continued-Failure to make personal investi-
gation.

§ 730.

§ 731.

732.

$ 733.
§ 734.
735.

§ 736.

False representation must be material.

Representation must proximately cause injury.
Party complaining must be prudent and cautious.
Silence Fraudulent concealment.

Representations as to matters of opinion.
Representation as to the law.

Fraudulent promises.

§ 737.

False statements to mercantile agencies.

§ 738.

§ 739.

§ 740.

Deception as to title in sale of real estate.

Fraud in sales of personalty.

Fraud in sales of personalty-Purchase with no intention
to pay-Remedy.

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§ 458.

§ 459.

§ 460.

Same continued-Considered in respect to labor troubles.
Burial of deceased relatives-Rights in dead body.
Same continued-The true doctrine.

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§ 461.

Same continued-Who have right to dead body.

§ 462.

Same continued-Removal of body or interference with rest-
ing place.

§ 463. Same continued-Mutilating or destroying dead body.
§ 464. Same continued-Trespass upon burial lot and tombstones.

§ 440. Wrongs to Husband.-A husband, as such, may sustain an injury through the misconduct of third persons principally in three ways: Abduction, or taking away a man's wife; adultery, or criminal conversation with her; and beating or otherwise abusing her. And the husband is also entitled to recover damages in an action on the case against such as persuade and entice the wife to live separate from him without sufficient cause. This division of wrongs which the husband may suffer still prevails under modern law, and each will be discussed separately.

Ab

§ 441. Injuries to Husband-Abduction-Enticing Away or Harboring Wife.-At common law a right was recognized in the husband to maintain a suit for the abduction or taking away of his wife, distinct and separate from the act of criminal conversation. duction is the act of taking away a man's wife by violence or persuasion. The term is now usually ap plied to the act of taking away children. The old law was very strict in regard to the attentions which one person might pay to another man's wife, it not being lawful for another man to take her into his house, except when she was in danger. With us, however, the fact that one allows the wife of another to ride in his wagon at her request, and does not close his

1 3 Blackstone's Commentaries, 139.

t

door upon her when she comes to his house, is commendable, under proper conditions, and does not, if she is received under such circumstances, give rise to a right of action for enticing her away or harboring her. A person may in good faith aid the wife of another by furnishing her shelter, if she has been mistreated. If, however, one knowingly and intentionally assists the wife with knowledge that she left her husband without justification, and thus aids her in violating her duty, an action will lie against him.* Anyone who opposes the husband in an attempt to take his recreant wife home, or who refuses him access to her while in his house, or attempts to conceal her from her husband, is liable to action at the instance of the latter."

§ 442. Same Continued-Interference by Parents.A parent is justified in receiving his daughter back, caring for, keeping and protecting her so long as she voluntarily chooses to remain with him, provided she has left her husband because of his neglect, intemperance and ill-treatment. This is not enticing her away. Indeed, a parent may always take such steps as he may honestly and sincerely believe to be necessary to protect his daughter from pending ruin or disgrace, because of misconduct of her husband, without subjecting himself to an action by the husband.7 A husband, however, who properly demeans himself is entitled to the society and assistance of his wife

2 Schuneman v. Palmer, 4 Barb. 225.

3 Barnes v. Allen, 1 Abb. Dec. 111; Tasker v. Stanley, 153 Mass. 148, 26 N. E. 417; Philip v. Squire, Peake, 82.

4 Barnes v. Allen, 30 Barb. 663.

5 Schuneman v. Palmer, 4 Barb. 225.

6 Rabe v. Hanna, 5 Ohio, 530; Friend v. Thompson, Wright (Ohio), 636; Burnett v. Burkhead, 21 Ark. 77, 76 Am. Rep. 358. 7 Payne v. Williams, 63 Tenn. (4 Baxt.) 583.

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