 Because, if a trustee were permitted to buy in an honest case, he might likewise buy in a case having that appearance, but which, from the infirmity of human testimony, might be grossly otherwise.  Atlantic Reporter - Page 3461912Full view - About this book
 | Henry Maddock - Equity - 1827 - 516 pages
...advantageous or not, the Sale is, in every instance, bad, for if a Trustee can buy in an honest case, he may in a case having that appearance, but which, from the infirmity of human testimony, may be grossly otherwise (2). So very jealous is the Court of a Trustee taking advantage of bis situation... | |
 | Basil Montagu, John M'Arthur - Bankruptcy - 1830 - 524 pages
...is not my opinion. The principle is deeper; viz. that if a trustee can buy in an honest case, he may in a case having that appearance, but which, from the infirmity of human testimony, may be grossly otherwise." (a) If A. steals the goods of B., C., and D. severally, and B. brings his... | |
 | New York (State). Court of Chancery, William Johnson - Equity - 1837 - 548 pages
...the trustee had made any advantage by the purchase. If a trustee can buy in an honest case, he may in a case having that appearance, but which, from the infirmity of human testimony, may be grossly otherwise ; and yet the power of the Court would not be equal to detect the deception.... | |
 | Thomas Lewin - Trusts and trustees - 1837 - 874 pages
...Ves. 627 ; 277, per Lord Eldon; but see Attorney-General v. Lord Dudley, Kilbee v. Sneyd, 2 Moll. 186. appearance, but which, from the infirmity of human testimony, might be grossly otherwise (f). Thus, a trustee for the sale of an estate may, by the knowledge acquired by him in that character,have... | |
 | Great Britain. Court of Chancery, Charles Beavan - Equity - 1842 - 730 pages
...of trustees and persons in fiduciary situations), " If a trustee can buy in an honest case, he may in a case having that appearance, but which, from the infirmity of human testimony, may be grossly otherwise." The impossibility of detecting the conduct of parties placed in such situations,... | |
 | Great Britain. Court of Chancery, Charles Beavan - Equity - 1842 - 726 pages
...of trustees and persons in fiduciary situations), " If a trustee can buy in an honest case, he may in a case having that appearance, but which, from the infirmity of human testimony, may be grossly otherwise." The impossibility of detecting the conduct of parties placed in such situations,... | |
 | John Adams - Equity - 1852 - 816 pages
...transaction may be. For if he were permitted to buy or sell in an honest case, he might do so in one having that appearance, but which, from the infirmity of human testimony, might be grossly otherwise. It is not, therefore, necessary to show that an improper advantage has been made; but the cestui que... | |
 | 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
...remarked that " the principle is deeper, viz : that if a trustee can buy in an honest case, he may in a case having that appearance, but which from the infirmity of human testimony may be grossly otherwise." And in discussing the capacity of a commissioner to become a purchaser,... | |
 | Law - 1853 - 524 pages
...not necessary; the principle is deeper; because, if a trustee could buy in an honest case, he might in a case having that appearance, but which, from...infirmity of human testimony, might be grossly otherwise: (per Lord Eldon in Ex parte Bennett, 10 Ves. 381 ): neither can a solicitor purchase for himself through... | |
 | North Carolina. Supreme Court, Hamilton Chamberlain Jones - Equity - 1863 - 430 pages
...the sale and take back the property. If a trustee were permitted to buy in an honest case, he might buy in a case having that appearance, 'but which,...infirmity of human testimony, might be grossly otherwise." Such is clearly the rule in the English courts of equity, and the reason upon which it is founded ;... | |
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