On the whole, the doctrine may be generally stated that wherever confidence is reposed, and one party has it in his power, in a secret manner for his own advantage, to sacrifice those interests which he is bound to protect, he will not be permitted to... Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 194by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, William Dudley Fuller, Hoyt Post, Henry Allen Chaney, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1854Full view - About this book
| George Jeremy - Equity - 1828 - 738 pages
...see Watson v. Toone, Searle, i Gl. & JBC 190. 6 Madd. 153. that the same principles apply wherever confidence is reposed, and one party has it in his...advantage to sacrifice those interests which he is in conscience bound to support (y). The same policy which dictated the rule to which we have just alluded... | |
| Law reports, digests, etc - 1872 - 978 pages
...323, 324, it is stated as follows : " On the whole the doctrine may be generally stated that wherever confidence is reposed, and one party has it in his...will not be permitted to hold any such advantage. The case of principle and surety, however, as a striking illustration of this doctrine, may be briefly... | |
| Jasper Adams - Christian ethics - 1837 - 554 pages
...and ward, trustee and beneficiary, (that is, the person beneficially interested,) is " that, wherever confidence is reposed, and one party has it in his...sacrifice those interests which he is bound to protect, he shall not be permitted to hold any such advantage."* Further, the law interposes, upon " a motive of... | |
| Joseph Story - Equity - 1839 - 658 pages
...the doctrine may be generally stated, that wherever confidence is reposed, and one party has it iu his power, in a secret manner, for his own advantage,...will not be permitted to hold any such advantage. 3 § 324. The case of principal and surety, however, as a striking illustration of this doctrine, may... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1899 - 832 pages
...stated generally that the relation exists whenever confidence is reposed and accepted, and the one has it in his power, in a secret manner, for his own advantage, to sacrifice those interests of the other which he is bound in honor and good conscience to protect. 8. Undue influence a question... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1916 - 804 pages
...parties, is discussed with much learning and ability by Mr. Story In his commentaries on equity. * * * "That whenever confidence is reposed, and one party...trustees, but all others occupying a like relation.' "For the court to say to complainant to prove the fraud charged would result in this case, and in all... | |
| Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...Winter, 1 Johns. Ch. Rep. 27. Hawley v. Mandus, 7 Johns. Ch. Rep. 174. Story, J. observes, that, wherever confidence is reposed and one party has it in his...manner, for his own advantage, to sacrifice those 56 Ecalesiaetical of a suit in the ecclesiastical court for payment of сЧ legacy. [1] courts. interests... | |
| Asa Kinne - Courts - 1853 - 538 pages
...sufficient to establish the rule ;"on the whole, the doctrine may be stated as a general rule, that wherever confidence is reposed, and one party has it in his...will not be permitted to hold any such advantage. — Jeremy on Equity Jurisdiction, B. 3, pt. 2, eh,. 3, § 2, p. 395. Griffiths v. Rolrint, 3 Madd.... | |
| William Bell - Law - 1861 - 888 pages
...own voluntary acts, or by operation of law. The doctrine may be generally stated to be, that wherever confidence is reposed, and one party has it in his...will not be permitted to hold any such advantage. In all caseswhere there exists some peculiar relation of a fiduciary character between parties, the... | |
| United States. Supreme Court - Law reports, digests, etc - 1870 - 820 pages
...and agent. What are these rules? " On the whole, the doctrine may be generally stated, that wherever confidence is reposed, and one party has it in his...will not be permitted to hold any such advantage."* Or, to speak more specifically, "if a partner who exclusively superintends the business and accounts... | |
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