People ex rel. Plugger v. Township Board of Overyssel
Michigan Supreme Court
Motion for a mandamus. The relators, Alder-t Plugger, W. J. Mulder, M. D. Howard, Homer Schaddelee, Jan Trimpe, W. K. Fliestra, H. D. Post, P. F. Pfaustiebl, Charles J. Pfaff and John Roost,, set forth in their application: That in pursuance of “An act to authorize the township of Holland and other townships in the counties of Ottawa and Allegan, to make loans and levy taxes for the improvement of the harbor at the mouth, of North Black River in Ottawa County,” approved…
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Motion for a mandamus. The relators, Alder-t Plugger, W. J. Mulder, M. D. Howard, Homer Schaddelee, Jan Trimpe, W. K. Fliestra, H. D. Post, P. F. Pfaustiebl, Charles J. Pfaff and John Roost,, set forth in their application: That in pursuance of “An act to authorize the township of Holland and other townships in the counties of Ottawa and Allegan, to make loans and levy taxes for the improvement of the harbor at the mouth, of North Black River in Ottawa County,” approved February 8, 1858, the-townships of Holland, Zealand, Overyssel and Fillmore,. voted respectively for a loan to be expended…
1Opinion of the Court
Manning J.:
Four of the relators, who took the contract to build the piers, were members of the board of freeholders organized under the act for the purposes therein mentioned, and that let the contract on behalf of the public. So careful is the law in guarding against the abuse of fiduciary relations, that it will not permit an agent to act for himself and his principal in the same transaction, as to buy of himself, as agent, the property of his principal, or the like. All such transactions are void, as it respects his principal, unless ratified by him with a full knowledge of all the…
2Cases cited3 opinions
- Clute v. BarronMichigan Supreme Court · 1851
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Dwight v. BlackmarMichigan Supreme Court · 1852
3Cited by61 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- MacOmb County Prosecutor v. MurphyMichigan Supreme Court · 2001
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Lind v. WebberNevada Supreme Court · 1913
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