Fraud consists of some deceitful practice or willful device, resorted to withintent to deprive another of his right, or in some manner to do him an injury. As distinguishedfrom negligence , it is always positive, intentional . Maher v. Hibernia Ins. Co.,67 N. Y. 292; Alexander v. Church, 53 Conn. 501, 4 Atl. 103; Studer v. Bleistein. 115 N.Y. 31G, 22 X. E. 243, 7 L. R. A. 702; Moore v. Crawford, 130 U. S. 122, 9 Sup. Ct. 447,32 L. Ed. 878; Fechheimer v. Baum (C. C.) 37 Fed. 167; U. S. v. Beach (D. C.) 71 Fed.160; Gardner v. Ileartt, 3 Denio (N. Y.) 232; Monroe Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176.Fraud, as applied to contracts, is the cause of an error bearing on a material part ofthe contract, created or continued by artifice, with design to obtain some unjustadvantage to the one party, or to cause an inconvenience or loss to the other. CivilCode La. art. 1S47.Fraud, In the sense of a court of equity , properly Includes all acts, omissions, andconcealments which involve a breach of legal or equitable duty, trust, or confidencejustly reposed, and are injurious to another, or by which an undue and unconscientiousadvantage is taken of another. 1 Story, Eq. Jur.
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