Case v. . Carroll
New York Court of Appeals
Appeal from the judgment of the General Term, affirming the judgment of the Special Term, dismissing the complaint on demurrer thereto by the defendant.
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Appeal from the judgment of the General Term, affirming the judgment of the Special Term, dismissing the complaint on demurrer thereto by the defendant. It appeared by the complaint that Ebenezer Case died in April, 1855, having, by his last will and testament, devised his farm, of about one hundred and seven acres, situated in [Mayfield, Fulton county, to his widow, Eleanor Case, during. her natural life, to be used, occupied and controlled by her, except that his two daughters, Phebe and Ann, were to have a home in the house on said premises during the lifetime of the widow; and after her…
1Opinion of the Court
Mobgaíj, J.
There are two grounds upon which the plaintiffs’ complaint may be sustained; either by considering the defendant as the plaintiffs’ agent in the purchase of the mortgaged premises, or as occupying the position of an attorney and counsel. The result is the same, whether he is considered in one relation or the other. It is a settled principle of equity, that no person, who is placed ip a situation of trust or confidence in reference to the subject of the sale, can be a purchaser of the property on his own account. And this principle is not confined to a particular class of persons,…
2Cases cited4 opinions
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Hoyt v. . MartenseNew York Court of Appeals · 1857
3Cited by28 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Fulton v. . WhitneyNew York Court of Appeals · 1876
- King v. RemingtonSupreme Court of Minnesota · 1886
- Matter of People (Bond & Mtge. Guar. Co.)New York Court of Appeals · 1952
- Stoddard v. . WhitingNew York Court of Appeals · 1871
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