Newcomb v. Brooks
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Kanawha county, rendered on the 27th day oí November, 1874, in a cause in said court then pending, wherein John M. Newcomb and others were plaintiffs and F. F. Brooks and others were defendants, allowed upon the petition of said plaintiffs. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of Kanawha county, rendered on the 27th day oí November, 1874, in a cause in said court then pending, wherein John M. Newcomb and others were plaintiffs and F. F. Brooks and others were defendants, allowed upon the petition of said plaintiffs. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decree appealed from. Gkeen, President, furnishes the following statement of the case: In 1864 A. Buchanan and C. W. West, two of the defendants in this cause, bargained for a tract of land in Kanawha county on the Kanawha…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The questions presented by this record involve the consideration of the equitable doctrine, that a person who occupies any fiduciary relation to another, is bound not to exercise for his own benefit and to the prejudice of the party, to whom he stands in such relation, any of the' powers or rights, or any knowledge or advantage of any description which he derives from such confidential position. This general principle is universally recognized by all courts. See Whelpole v. Cookson, 1 Ves. Sr. 9; Fox v. Mackreth et al., 2 Bro. C. C. 400; 2…
2Cases cited28 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Christmas v. RussellSupreme Court of the United States · 1866
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Hoffman Steam Coal Co. v. Cumberland Coal & Iron Co.Court of Appeals of Maryland · 1860
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3Cited by63 opinions
- Sweeny v. Sugar Refining Co.West Virginia Supreme Court · 1887
- Keenan v. ScottWest Virginia Supreme Court · 1908
- Plant v. HumphriesWest Virginia Supreme Court · 1909
- Fricker v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1905
- Dunn's Ex'rs v. RenickWest Virginia Supreme Court · 1895
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