Legal Opinion

Primeau v. Granfield

Court of Appeals for the Second Circuit

Decided January 31, 1911No. 106PublishedCited by 34 opinions

Appeals from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Paul A. Primeau against Horace Granfield, continued after his death by Olive U. Granfield, his executrix. Decree for complainant, and both parties appeal.

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Appeals from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Paul A. Primeau against Horace Granfield, continued after his death by Olive U. Granfield, his executrix. Decree for complainant, and both parties appeal. The plaintiff sued the defendant 1 charging, in substance, that he, living in the East, had remitted from time to time to the defendant in Colorado for investment in mining shares and properties, different sums of money; that the remití anees were made under circumstances which created a fiduciary relationship between the parties;…

1Opinion of the CourtNoyes, Circuit Judge

(after stating the facts as above). [1] It is a fundamental principle of equity jurisprudence that a court of equity will exercise its extraordinary powers only for the enforcement of the requirements of conscience, and in enforcing them it demands conscientiousness in the parties. He that cometh into equity must have clean hands. He that hath committed iniquity shall not have equity. He that hath engaged in a fraudulent enterprise cannot complain that his associate in fraud has not kept the faith.

Interwoven with these elementary equitable principles are those co; - siderations of public…

2Cases cited6 opinions

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
  3. Leonard v. . PooleNew York Court of Appeals · 1889
  4. Drake v. LauerAppellate Division of the Supreme Court of the State of New York · 1904
  5. Memphis Keeley Institute v. Leslie E. Keeley Co.Court of Appeals for the Sixth Circuit · 1907

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3Cited by34 opinions

  1. Shinn v. Edwin Yee, Ltd.Hawaii Supreme Court · 1976
  2. Frank Adam Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1945
  3. First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938
  4. Goodrich v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1924
  5. Leroy A. Provencher v. Eugene B. Berman, Trustee, Leroy A. Provencher v. Eugene B. Berman, TrusteeCourt of Appeals for the First Circuit · 1983

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

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