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Lister v Stubbs [1890] 45 Ch D 1

Country:
United Kingdom
  • Defendant was the foreman for Plaintiff and placed orders with X in return for a bribe.

  • Plaintiff brought an action against Defendant to reclaim the bribe via constructive trust.

  • CA denied that a constructive trust existed, saying instead that Defendant was merely under a fiduciary duty in personam to pay over the money as being owed to Plaintiff.

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