Beatty v. . Guggenheim Exploration Co.
New York Court of Appeals
Appeal from a judgment, entered September 30, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The relations of Beatty to the exploration company were highly fiduciary.
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Appeal from a judgment, entered September 30, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The relations of Beatty to the exploration company were highly fiduciary. The duty which he owed to his employer was that of uberrima fides. The latter is, therefore, entitled to any profits derived by Beatty in…
1Opinion of the CourtCuddeback, J.
The plaintiff in this action alleged that he and the defendant Oscar B. Perry were jointly interested in a mining enterprise on Bonanza creek, in the Yukon mining district of Alaska, and that he, the plaintiff, was entitled to certain money and property which the defendant Perry withheld, and for which the action was brought to recover. The defendant Perry made no personal claim to the money and property involved in the action, but retained it because the other defendant, the Guggenheim Exploration Company, alleged that it owned such money and property, and that the plaintiff’s demand was in…
2Cases cited3 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Appleton v. . City of New YorkNew York Court of Appeals · 1916
- Levy v. . Louvre Realty Co.New York Court of Appeals · 1917
3Cited by20 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
- Phansalkar v. Andersen Weinroth & Co., L.P.Court of Appeals for the Second Circuit · 2003
- Soam Corp. v. Trane Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Trounstine v. Bauer, Pogue & Co.Court of Appeals for the Second Circuit · 1944
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