Snow v. Hazlewood

Citations

• 179 F. 182
• 102 C.C.A. 448
• 1910 U.S. App. LEXIS 4625

Syllabus

<p>1. Appeal and Error (§ 162*) — Waiver of Right of Appeal — Acceptance of Benefits of Decree.</p> <p>The withdrawal by a complainant from the registry of the court of sums on deposit therein awarded her by the decree does not bar her right of appeal from other portions of the decree. ,</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig.' §§ 984-991:; Dec. Dig. § 162.*]</p> <p>2. Joint-Stock Companies (§ 15*) — Liability as Partners to Third Persons.</p> <p>“Where a private association of persons having negotiable shares, which were transferred from time to time, purchased property as a partnership, on a cancellation of the deed to such property for fraud, and the direction of an accounting to the grantor for the proceeds of portions of the property sold, all members of the association at the times of such sales are liable as partners.</p> <p>[Ed. Note. — For other cases, see Joint-Stock Companies, Dec. Dig. § 15.*]</p> <p>3. Brokers (§ 65*) — Trusts (§ 170*) — Deed Voidable for Fraud — Accounting by Grantees as Trustees De Son Tort.</p> <p>One who made a fraudulent sale of his principal’s property as agent, under a power of attorney which entitled him to a share of the proceeds, and who has a secret interest in the purchase, on the cancellation of the deed and direction of .an accounting by the purchasers for the proceeds of portions resold by them, cannot take anything under the provisions of the power of attorney, nor are any of the purchasers so ordered to account entitled to compensation for services rendered, in making such resales; their accounting being substantially, if not in terms, as trustees de son tort.</p> <p>[Ed. Note. — For other cases, see Brokers, Cent Dig. §§ 48-50; Dec. Dig. § 65;* Trusts, Cent. Dig. § 225; Dec. Dig. § 170.*]</p> <p>4. Appeal and Error (§ 1194*) — Effect of Decision — Questions Determined.</p> <p>Where a deed was canceled for fraud by decree entered on a mandate of the Circuit Court of Appeals, which also dire