Smith v. Jackson
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sustaining exceptions to a special master’s report.
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Hearing on an appeal from a decree in the Supreme Court of the District of Columbia, sustaining exceptions to a special master’s report. The Court in the opinion stated the facts as follows: This is an appeal from a decree in the supreme court of the District sustaining exceptions to a special master’s report, and granting appellee, E. Hilton Jackson, receiver of the Eirst CoOperative Building Association of Georgetown, District of Columbia, judgment as at law against appellants, John Lewis Smith and Edwin L. Wilson. Tbe amount allowed represents tbe profit on tbe resale of a parcel of land…
1Opinion of the CourtJustice Robb
The learned trial justice was of the view that the duty of Ambrose with respect to the property was such “that his conduct was a palpable violation of his duty;” that the purchase and resale was a joint enterprise, conducted with full knowledge of the surrounding circumstances, and hence that the profits realized were impressed with a constructive trust in favor of the present receiver.
In Anderson v. White, 2 App. D. C. 408, and Mutual F. Ins. Co. v. Barker, 17 App. D. C. 205, this court pointed out the difference between the rule applicable to cases of sales by trustees appointed by the…
2Cases cited2 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Smith v. BlackSupreme Court of the United States · 1885
3Cited by3 opinions
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
- Stokes v. HindenCourt of Appeals for the D.C. Circuit · 1936
- Liu v. SEC. & Exch. Comm'nSupreme Court of the United States · 2020