Leake v. Watson
Supreme Court of Connecticut
Action by the plaintiff as trustee of certain estate for Georgiana Nichols, under the will of her father Charles Bulkley, against the defendants, to recover the value of sundry stocks and bonds, belonging to the trust estate, which had been received and sold by the defendants as brokers, with alleged knowledge that they were being disposed of in violation of the trust; brought to the Superior Court in Fairfield County.
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Action by the plaintiff as trustee of certain estate for Georgiana Nichols, under the will of her father Charles Bulkley, against the defendants, to recover the value of sundry stocks and bonds, belonging to the trust estate, which had been received and sold by the defendants as brokers, with alleged knowledge that they were being disposed of in violation of the trust; brought to the Superior Court in Fairfield County. The defendants in their answer averred their ignorance of the existence of the will in question; that the stocks and bonds were received by the defendant Watson as a broker in…
1Opinion of the CourtCarpenter, J.
Counsel for the respective parties have argued this ease upon distinct and widely different theories; —for the defendants, on the theory that they were merely agents; for the plaintiff, on the theory that the defendants were purchasers or pledgees. Each party, in his chosen position, is strongly intrenched. Grant his premises, and *351his position is well nigh impregnable; grant the premises of both, were it possible, and a decision of the case would be very difficult. But both cannot be right. The defendants cannot be entitled to the immunities of agents and at the same time liable as purchasers.
2Cited by14 opinions
- Leake v. WatsonSupreme Court of Connecticut · 1891
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Randolph v. East Birmingham Land Co.Supreme Court of Alabama · 1893
- Titcomb v. RichterSupreme Court of Connecticut · 1915
- Goodno v. HotchkissDistrict Court, D. Connecticut · 1916
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