Warren v. Burt
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Easl ern .District of Missouri. In Equity. Bill by Robert F. Burt and Charles Scudder, public administrator in charge of the (’state of Robert IF.
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Appeal from the Circuit Court of the United States for the Easl ern .District of Missouri. In Equity. Bill by Robert F. Burt and Charles Scudder, public administrator in charge of the (’state of Robert IF. Gardner, against Thomas H. Warren, Frank G. Flanagan, Benjamin F. Hammett, Charles Hewitt, and Benjamin F. Webster, for an accounting oi profits realized by the trade of a farm formerly belonging to Burt and Gardner, and to cancel a, contract between Uieni and defendant Warren. The bill was dismissed as to the defendants other than Warren, and he appeals from a decree against him in favor…
1Opinion of the CourtSanborn, Circuit Judge
The law guards the fiduciary relations with jealous care. It aims to prohibit the possibility of a conflict between the duty of a trustee and his persona] interest. It demands that he look solely to the interest of his cestui que trust; that the agent work with an eye single to the welfare of his principal. It prohibits the agent from all speculation or profit in the subject-matter of his agency, and visits such a breach of duty, not only with loss of the profits gained, but with loss of the compensation which a faithful discharge of duty would have earned. The interests of vendor and…
2Cases cited8 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Michoud v. GirodSupreme Court of the United States · 1846
- Furrer v. FerrisSupreme Court of the United States · 1892
- Bent v. PriestSupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
46 more not listed; retrieve them via the Exa API.