New Orleans, Baton Rouge & Bayou Sara Packet Co. v. Brown
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans-. Ú1. Monroe, J. 1. A managing director of a corporation stands in the relation of a fiduciary or trustee. he cannot oontract with himself, nor take any other position in his own interest which is adverse to liis trust. 103 V. S. 657-8:25 B(*avt586: 1 Younge & Collyer C. C. 326; 30 Barh. 553; 37 H. Y. 317; L. It. 3 App.
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PPEAL from the Civil District Court for the Parish of Orleans-. Ú1. Monroe, J. 1. A managing director of a corporation stands in the relation of a fiduciary or trustee. he cannot oontract with himself, nor take any other position in his own interest which is adverse to liis trust. 103 V. S. 657-8:25 B(*avt586: 1 Younge & Collyer C. C. 326; 30 Barh. 553; 37 H. Y. 317; L. It. 3 App. Cases, 1218; 59 Me. 277. The principle is not new in Louisiana. 27 A. 641. 2. Under tlie Civil Law his disabilities are likened unto tho-e of a tutor: Tutor rein pupilli emere non potest; idque ponigendum estad…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermi'pez, O. J.
On the return day, i. e., January 15th, ult., tho appellant obtained an extension of ten days to file the transcript. On the 23d following, within that term', the court not being in session, he ñled a motion for an additional ten days. On the 29th, which was the first judicial day thereafter, he obtained an order allowing him ten days, from the date of the motion, filed in the clerk’s office. On the 1st of February, he procured another order granting him fifteen days. The transcript was filed on the 14th of February.
2Cases cited4 opinions
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Townsend v. KurtzCourt of Appeals of Maryland · 1896
- Davis v. WilsonMassachusetts Supreme Judicial Court · 1850
- Bennett v. St. Paul Fire & Marine InsuranceSupreme Court of New Jersey · 1893
3Cited by6 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Jackson Brewing Co. v. CantonSupreme Court of Louisiana · 1907
- Hake v. LeeSupreme Court of Louisiana · 1900
- Greensboro & New Castle Junction Turnpike Co. v. StrattonIndiana Supreme Court · 1889
- Kalmbach v. BeckerLouisiana Court of Appeal · 1924
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