 | United States. Supreme Court - Law reports, digests, etc - 1847 - 844 pages
...of that duty may prevail over the motives of selfinterest, but it provides against the probability m many cases, and the danger in all cases, that the...predominant influence, and supersede that of duty. It there> fore prohibits a party from purchasing on his own account than which his duty or trust requires... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1854 - 650 pages
...extended examination of the cases on that subject ; and it was held that a person cannot legally purchase on his own account, that which his duty or trust requires him to sell on account of another, and that such a purchase carries fraud on its face. But it would seem superfluous to multiply authorities... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 712 pages
...of that duty may prevail over the motives of self interest; but it provides against the probability, in many cases, and the danger, in all cases, that the dictates of self interest will exercise a predominant influence and supersede that of duty. It, therefore, prohibits... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...standing in confidential relations to the owners of the estate. The law, for the wisest of purposes, prohibits a party from purchasing, on his own account,...of another that which he sells on his own account. ( Will. Eq. Jur. 605, 606, and the cases there cited.) The statute has applied these principles to... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1920 - 714 pages
...of that duty may prevail over the motives of self-interest, but it provides against the probability in many cases, and the danger in all cases, that the...predominant influence and supersede that of duty." (Nichoud v. Gerod, 4 How. 503.) It is conceded that a director may loan money to the corporation or... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1864 - 670 pages
...of that duty may prevail over the motives of self-interest, but it provides against the probability in many cases and the danger in all cases, that the...of another that which he sells on his own account." MacGregor v Gardner. "The rule of equity is in every Code of Jurisprudence with which we are acquainted,... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1871 - 906 pages
...upon sound sense, ordinary prudence and good faith. The general rule is, that a party cannot purchase on his own account that which his duty or trust requires him to sell on Smith ft at. tt. Isaac <t al. account of another. He cannot be both buyer and seller. Nor can he do... | |
 | Henry Morrison Herman - Executions (Law) - 1876 - 906 pages
...5(12. Nichols v. Ketchum, 19 Johns. Mickles v. Rochester Bank, 11 Paige, 84 IIS. 2I 322 ON EXECUTIONS. prohibits a party from purchasing on his own account that which his duty requires him to sell to another. He is not allowed to unite the two antagonistic characters of buyer... | |
 | Law reports, digests, etc - 1888 - 1906 pages
...of that duty may prevail over the motives of self-interest, but it provides against the probability in. many cases, and the danger in all cases, that...predominant influence and supersede that of duty." And once again: " The inquiry in such a case is not whether there was or not fraud in fact. The purchase... | |
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In this conflict of interests the law wisely interposes. It acts, not on the possibility that in some cases the sense of that duty may prevail over the motives of selfinterest, but it provides against the probability that in many cases, and the danger... 
