Legal Opinion

European & North American Railway Co. v. Poor

Supreme Judicial Court of Maine

Decided July 1, 1871PublishedCited by 24 opinions

Bill in equity, heard on demurrer to a portion of the bill. The case is sufficiently stated in the opinion.

1Opinion of the CourtAppleton, C. J.

A trustee is one in whom property is vested in trust for others. Every person is to be deemed a trustee to whom the business and interests of others are confided, and to whom the management of their affairs is intrusted. The general rule is that a trustee, so far as the trust extends, cam never become a purchaser of the property embraced within the trust save Avith the consent of all parties interested. The underlying principle is that no man can serirn two masters. He who is acting for others cannot be permitted to act adversely to his principals. The agent to sell cannot become a purchaser…

2Cases cited3 opinions

  1. Michoud v. GirodSupreme Court of the United States · 1846
  2. Scott v. DepeysterNew York Court of Chancery · 1832
  3. Flint & Pere Marquette Railway Co. v. DeweyMichigan Supreme Court · 1866

3Cited by24 opinions

  1. Wardell v. Railroad Co.Supreme Court of the United States · 1881
  2. Jones v. MorrisonSupreme Court of Minnesota · 1883
  3. Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
  4. Bent v. PriestSupreme Court of Missouri · 1885
  5. Board of Commissioners of Tippecanoe Co. v. Lafayette, Muncie, & Bloomington RailroadIndiana Supreme Court · 1875

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