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Baker v. Schofield, 243 U.S. 114 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Baker v. Schofield, 243 U.S. 114 (1917)
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Baker v. Schofield No. 133 Submitted January 15, 1917 Decided March 6, 1917 243 U.S. 114
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The rule that concurrent findings of fact by two lower courts will not be disturbed unless clearly wrong is here applied in support of findings of fraud and breach of fiduciary duty resulting in a trust.
Defendant, as receiver of a national bank, contracted on its behalf, with the approval of the Comptroller of the Currency, for the purchase of certain realty, used some of the bank’s money in payments on the price, and, under apparent authority from the court, sold and assigned the contract for cash paid the bank. The assignee acted secretly for the defendant in taking the contract, and thereafter assigned it secretly to him as an individual. Defendant resigned as receiver, and subsequently the contract was fully performed and the real property became vested in a corporation whose shares for the most part were issued to the defendant. In a suit brought by his successor to regain the property for the bank, held: (1) that the transaction was a gross breach of defendant’s duty as receiver; (2) that he was estopped to claim that the purchase of the property was beyond the powers of the bank, Case v. Kelly, 133 U.S. 21, distinguished; (3) that delay of the suit for sixteen years after the making of the contract and fourteen years after defendant’s resignation as receiver was not laches in view of the finding that his successors in the receivership had no knowledge or equivalent notice of the fraud.
The seven year statute of limitation of Washington, Remington & Ballinger’s Ann.Codes and Stat., § 789, does not apply when the claim of title accompanying possession is not made in good faith.
221 F. 322 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Baker v. Schofield, 243 U.S. 114 (1917) in 243 U.S. 114 243 U.S. 115. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TU1U7SZY2FWMTK2.
MLA: U.S. Supreme Court. "Syllabus." Baker v. Schofield, 243 U.S. 114 (1917), in 243 U.S. 114, page 243 U.S. 115. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TU1U7SZY2FWMTK2.
Harvard: U.S. Supreme Court, 'Syllabus' in Baker v. Schofield, 243 U.S. 114 (1917). cited in 1917, 243 U.S. 114, pp.243 U.S. 115. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TU1U7SZY2FWMTK2.
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