§ 1. Generally.

a. There is a community of duty where there is a community of interest, so that each of those interested must be faithful to all the others as well as to himself. Re Du Plaine, 40 L.R.A. 552, 185 Pa. 332, 39 Atl. 947.

b. Community of interest in a common property or title creates such a fiduciary relation as makes it inequitable for any of those who thus share in the common property to do anything to, or with, it for their own profit to the detriment of others who have the same right. Wheeler v. Abilene Nat. Bank Bldg. Co. 16 L.R.A. (N.S.) 892, 159 Fed. 391, 89 C. C. A. 477.

c. One, who is placed in such relations to another that he becomes interested for or with him in any subject of property or business, is not permitted to acquire rights antagonistic to the person with whose interest he has become associated. Re Du Plaine, 40 L.R.A. 552, 185 Pa. 332, 39 Atl. 947.

d. The fiduciary relation may exist wherever special confidence is reposed, whether the relationship be that of blood, business, friendship, or association, by one person in another who are in a position to have and exercise or do have and exercise influence over each other. Dawson v. National L. Ins. Co. L.R.A.1916E, 878, 176 Iowa, 362, 157 N. W. 929.

e. Whenever there exists between parties

confidence on the one hand and influence on

the other, from whatever cause they may spring, equity requires in all dealings between them the highest degree of good faith on the part of him in whom the confidence is reposed; if a conveyance is executed by the other in his favor, the burden rests upon him to prove that it was not procured by means of such confidence and influence and it is his duty, before accepting the conveyance to see that the grantor has disinterested advice and full information. Hogan v. Leeper, 47 L.R.A. (N.S.) 475, 37 Okla. 655, 133 Pac. 190. el. A contract made between the state and

a publishing company, by which the latter is to print, stereotype, bind, and deliver a certain number of volumes of the reports of the supreme court of the state for an agreed compensation, does not create a fiduciary relation between the parties. State v. State Journal Co. 9 L.R.A.(N.S.) 174, 75 Neb. 275, 106 N. W. 434.

f. A person occupying a relation in which he owes a duty to another, must not place himself in any position which will bring his interest in conflict with his duty. Central Elevator Co. v. People ex rel. Moloney, 43 L.R.A. 658, 174 Ill. 203, 51 N. E. 254.

g. It is against public policy to allow one standing in a fiduciary relation to contract with himself concerning the subject of his trust. Scott v. School Dist. 27 L.R.A. 588, 67 Vt. 150, 31 Atl. 145.

h. Where one is acting in a fiduciary capacity for another, he will not be permitted to make a contract with himself in his individual capacity, relative to the subject-matter of such employment. Smith v. Dandridge, 34 L.R.A. (N.Š.) 129, 98 Ark. 38, 135 S. W. 800.

i. One clothed with a fiduciary character will not be permitted to use his position or functions so as to obtain for himself any advantage or profit inconsistent with his supreme duty to his beneficiary. Lind v. Webber, 50 L.R.A. (N.S.) 1046, 36 Nev. 623, 134 Pac. 461.

chase an interest in property, and hold it j. A party will not be permitted to purfor his own benefit, where he has a duty to perform in relation thereto which is inconsistent with his character as a purchaser on his own account. Jansen v. Williams, 20 L.R.A. 207, 36 Neb. 869, 55 N. W. 279.

k. Courts will not stop to inquire into the motive of parties in a fiduciary relation who have not acted in accordance with the strict rule of conduct which the law requires in such cases. McNutt v. Dix, 10 L.R.A. 660, 83 Mich. 328, 47 N. W. 212.

1. Extensive discussion of the law governing fiduciary relations. Trice v. Comstock, 61 L.R.A. 176, 121 Fed. 620, 57 C. C. A. 646.

EVIDENCE, § 391 o.

Death of insured from, see .....

INSURANCE, 8 693.