Campbell v. Pennsylvania Life Insurance
Supreme Court of Pennsylvania
This was an action for money had and received, brought by trustees, &c., against the Pennsylvania Company for Insurances on Lives and granting Annuities. The cause was tried on the 9th day of February, 1836, before Mr. Justice Kennedy and a special jury.
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This was an action for money had and received, brought by trustees, &c., against the Pennsylvania Company for Insurances on Lives and granting Annuities. The cause was tried on the 9th day of February, 1836, before Mr. Justice Kennedy and a special jury. The plaintiffs gave in evidence an' indenture, dated the 9th day of February, a. d. 1822, between Samuel Paterson Campbell -and others, and the defendants, in the following terms:—■ “ This indenture made this ninth day of February, in the year of our Lord, one thousand eight hundred and twenty-two, between Samuel Paterson Campbell, of…
1Opinion of the Court
*63The opinion of the Court was delivered by
Rogers, J.
When the trustee himself, becomes the purchaser of the trust estate, the cestui que trust may set aside the purchase. This equitable principle is recognised and enforced by Lord Eldon, in the case, Ex parte Bennet, (10 Ves. jun. 381,) and by Chancellor Kent, in Davoue v. Fanning, (2 John. C. R. 252,) who with his usual ability and legal research, has reviewed all the authorities having any bearing on the question. It has also received the sanction of this Court, in the lessee of Lazarus v. Bryson, (3 Binn. 54,) and the lessee of Moody v.…
2Cases cited2 opinions
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Lessee of Moody v. VandykeSupreme Court of Pennsylvania · 1811
3Cited by7 opinions
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Church v. SterlingSupreme Court of Connecticut · 1844
- Shelton v. State ex rel. Board of Commissioners of Morgan Co.Indiana Supreme Court · 1876
- Drysdale's AppealSupreme Court of Pennsylvania · 1850
- Whitman v. O'BrienSuperior Court of Pennsylvania · 1905
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