Mathews v. Wayne Junction Trust Co.
District Court, E.D. Pennsylvania
At Law. Action by Charles H. Mathews, as receiver of ihe Union National Life Insurance Company, against the Wayne Junction Trust Company. On motion for new trial.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
In harmony with the authorities, it is agreed by both parties that neither a plaintiff nor a defendant may found his case, either in whole or in part, upon a fraudulent transaction, although his antagonist may have participated therein. It is no doubt true that, although both may have joined in the fraud!, a plaintiff may nevertheless recover if he is able to make out his case without calling upon the fraud for help; but he must fail if such help is indispensable. In the present dispute the plaintiff is receiver of the insurance company that was party to the…
2Cited by4 opinions
- Ohio Farmers' Insurance Co. v. TodinoOhio Supreme Court · 1924
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
- Oregon Short Line R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1920
- Rego v. Bergstrom Music Co.Hawaii Supreme Court · 1922