George Shiras, Jr.

“ It is not necessary for us to say or to think that Farley and Fisher, in testifying as they did, perpetrated intentional falsehood. It is altogether possible that from desultory conversations with Kittson and Hill, and from an exaggerated sense of his own importance in the matters in hand, Farley was led to believe that he was entitled to participate in the venture.
But a court cannot act upon such uncertain conjectures. A contract of the kind asserted by the plaintiff must be established to the entire satisfaction of a court of equity before its intervention can be demanded. ”

“ Whether a receiver appointed by a court pending foreclosure proceedings is precluded from buying bonds on the market, or from agreeing to unite with others in bidding at the sale, is a question best decided on its own facts, and when it shall be necessary to decide it. ”

“ Nor do we wish to be understood as saying that facts might not not be made to appear, in a given case, showing such dereliction of duty and such abuse of his position by a receiver as to justify a court of equity in declining to afford him a remedy even against those who had participated with him in unlawful schemes. ”