Collins v Carey
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 1839 |
| Date | 23 July 1839 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 1128
ROLLS COURT
[128] collins v. carey. July 23, 1839. Business relating to a trust estate was transacted by two solicitors in partnership, one of whom was a trustee of the estate. Held, in passing his accounts, that costs out of pocket could alone be allowed. The testator, Mr. Collins, appointed a Mr. Vining, a corn merchant, and Mr. Carey, a solicitor, his executors and trustees. Mr. Carey carried on business in partnership with Mr. Cross, and business relating to the trust had been done by the partnership. The usual accounts of the testator's estate were taken in the Master's office, and the question now submitted to [129] the Court was this, whether the Master ought to have allowed more than costs out of pocket for the business so done by the partnership. Mr. C. P. Cooper, for Mr. Carey, submitted that this case differed from New v. Jones (9 Jarman's Byth. 338), and Moore v. Frowd (3 Myl. & Cr. 45), iuasmueh as here the business was transacted by a firm, one of the members of which...
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Stanes v Parker
...3 P. Wms. 249; Havey v. Blakeman, 4 Ves. 596 ; New v. Jmes, 9 Byth. (1st. ed.), 338 ; Willis v. Kibble, 1 Beavan, 559 ; Collins v. Carey, 2 Beavan, 128 ; Smith v. Longford, 2 Beavan, 362 ; In re Sherwood, 3 Beavan, 338; Bainbrigge v. Blair, 8 Beavan, 688 ; Carmichael v. Wilson, 2 Molloy, 53......
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Broughton v White
...for the well-established rule that a trustee must not be permitted to make a profit of his trusteeship. The case of Collins v. Carey (2 Beav. 128) was to the same effect as Christophers v. White. Fraser v. Palmer (4 Y. & C. 515), New v. Jones (9 Bythewood's Conveyancing, by Jarman, p. 338: ......
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Matthison v Clarke
...a mortgagee cannot obtain any profit whatever: Leith v. Irvine (1 Myl. & K. 277); Benson v. Heathorn (1 Y. & Coll. 327); Collins v. Carey (2 Beav. 128); Christophers v. White (10 Beav. 523). These last cases shew, if that is disputed, that if the business is done by a firm it is the same as......
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Edmeades, De Kock & Orffer v Die Meester
...English Reports opgeneem, Collins v Carey in band 48 op bl. 1128, en Christophers v White in band 50 op bl. 683 - 684. In Collins v Carey, 48 E.R. 1128, lui die kopstuk soos H "Business relating to a trust estate was transacted by two solicitors in partnership, one of whom was a trustee of ......