Legal Opinion

Trice v. Comstock

Court of Appeals for the Eighth Circuit

Decided March 24, 1903No. 1,808PublishedCited by 160 opinions

Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal from a decree which dismissed a bill exhibited by Charles T. Trice and David A. Beamer' to charge the title of 1,925 acres of land, held "by the defendant James O. Comstock, with a trust for the use and benefit of the complainants.

Read the full summary

Appeal from the Circuit Court of the United States for the Western District of Missouri. This is an appeal from a decree which dismissed a bill exhibited by Charles T. Trice and David A. Beamer' to charge the title of 1,925 acres of land, held "by the defendant James O. Comstock, with a trust for the use and benefit of the complainants. The pleadings contained many allegations and denials, but the evidence disclosed these facts: Trice and Beamer were engaged in dealing in real estate at Lamar, in Barton county, Mo. They were in the habit of obtaining the right to purchase lands at fixed…

1Opinion of the CourtSanborn, Circuit Judge

For reasons of public policy, founded in a profound knowledge of the human intellect and of the motives that inspire the actions of men, the law peremptorily forbids every one who, in a fiduciary relation, has acquired information concerning or interest in the business or property of his correlate from using that knowledge or interest to prevent the latter from accomplishing the purpose of the relation. If one ignores or violates this prohibition, the law charges the interest or the property which he acquires in this way with a trust for the benefit of the other party to the relation, at the…

2Cases cited20 opinions

  1. Gardner v. . OgdenNew York Court of Appeals · 1860
  2. Van Epps v. Van EppsNew York Court of Chancery · 1841
  3. Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
  4. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  5. Davis v. HamlinIllinois Supreme Court · 1883

15 more not listed; retrieve them via the Exa API.

3Cited by160 opinions

  1. Guth v. Loft, Inc.Supreme Court of Delaware · 1939
  2. Irving Trust Co. v. DeutschCourt of Appeals for the Second Circuit · 1934
  3. Doner v. Phoenix Joint Stock Land Bank of Kansas CityIllinois Supreme Court · 1942
  4. Huffington v. UpchurchTexas Supreme Court · 1976
  5. Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905

155 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API