Notley v. Notley

Citations

• 23 Haw. 724
• 1917 Haw. LEXIS 33

Syllabus

<p>Fraud — elements—intent.</p> <p>A promise, accompanied with an intention not to perform it, and made by the promisor for the purpose of deceiving the prom-isee and inducing him to act where he otherwise would not have done so, constitutes fraud.</p> <p>Cancelation' oe Instruments — fraudulent representations.</p> <p>Where a parent secured from his children the conveyance to himself of valuable property upon the promise to form a corporation and to transfer the property thus obtained, together with other property owned by him, to the corporation and to prorate the stock in said corporation among those originally owning the property, when he in fact had no intention of fulfilling his promises but used them merely as a pretense to induce his children to execute the deed, equity will come to the relief of the defrauded parties and decree a cancelation of the deed thus obtained.</p> <p>Deeds — undue influence — burden of proof.</p> <p>Where the grantors are of mature age and sound mentality the mere fact that they are the children of the grantee does not raise a prima facie presumption of the invalidity of the deed from the children to their father thereby casting the burden of showing the fairness of the transaction upon him.</p> <p>Pleading — defective., aided by absence of demurrer and the introduction of evidence to support.</p> <p>A complaint which only inferentially avers a material fact, in the absence of a demurrer and where much evidence is given without objection to sustain the fact improperly pleaded, held, the defect was thereby cured.</p>