Breach of trust

“ Breach of trust is where valuables are received in the course of employment, for or in the name of the employer, and embezzled; but if the valuables have come to the possession of the employer, the offense is larceny. ”

“ XXXV. If the property of one man suffers by the delinquency of another, such property either was in trust with the offender, or it was not: if it was in trust, the offence is a breach of trust, and of whatever nature it may be in other respects, may be styled dissipation in breach of trust, or dissipation of property in trust. ”

“ There are a very large number of charitable purposes which can be carried out in compliance with the provisions of cl 2 and cl 3, and I cannot see that the fact that the trustees have to be persons who are members of the society can alter that. I venture to think that the contrary argument really comes to this: that the trustees might commit a breach of trust and might, therefore, apply the moneys wrongly in furthering the objects of the society. I should add this. No one in fact suggests that they have committed any breach of trust. ”

“ If a breach of trust is committed, you know that the defaulter was the last man of whom such an act would be suspected, and, except in the one detail of its location and sect, that he was prominent in some church. You can calculate to a cent how much has been stolen by a glance at the amount of space devoted to the account of the crime. Loaf of bread, two lines. Thousand dollars, ten lines. Hundred thousand dollars, half-column. ”

“ But truth in speech must be accompanied by integrity and fidelity in all your dealings; for it is impossible for a dishonest person to be a good servant; therefore, let no temptation prevail on you to part with these inestimable [20] jewels; nor suffer yourself even to wish to convert the property of another to your own use; more especially when it is confided to your charge; for breach of trust is a heinous aggravation of dishonesty. ”

“ It is one of those impolitic arrangements which are sometimes practised by governments without perceiving their pernicious effects, and by which, as in the present case, the bad qualities of mankind [306] are drawn forth, instead of every thing being done for their correction. Revenge, violence, deceit, and breach of trust are excited, and instead of suppression, they meet with encouragement. ”

“ Any other rule would enable the fraudulent recipient of trust property acquired through a breach of trust to render himself immune to the remedial action of equity by the simple expedient of transferring the trust res thus acquired, to an innocent purchaser for value, or otherwise placing it beyond the reach of the defrauded beneficiary of the trust. ”

“ Falsehood is a circumstance that may enter into the composition of any sort of offence, those concerning trust, as well as any other: in some as an accidental, in others as an essential instrument. Breach or abuse of trust are circumstances which, in the character of accidental concomitants, may enter into the composition of any other offences (those against falsehood included) besides those to which they respectively give name. ”

“ They have to change rooms or guards. Even those people have to decide whom to trust: Wives and children? Other family members? Members of the same caste? What's the guarantee? The daily newspapers from these areas regularly report breach of this trust in these inner groups. Murders and cheating in such groups are commonplace. Most of us can sleep comfortably because most people in our society accept the principle of trust as a cardinal principle of social existence. We can live in the society of others only because of this assumption of trust. ”

“ For Want of this Wisdom, a benevolence and tender-hearted Temper very often betrays Men into Errors not only hurtful to themselves, but highly prejudicial to the Society. Hence Men of invincible Courage, and incorruptible Integrity, have sometimes falsified their Trust ”

“ How could the wretch, about to escape all human reckoning, making cowardly confession of crime involving fellow-guilt, hope that his confidences would remain inviolate? One of the penalties of faithless duplicity is that all trust in fellow-fealty dies. ”

“ Men who have a trust frankly bestowed upon them by the people, too frequently betray that trust, become conspirators against their benefactors, and turn the sword upon those who gave it; insomuch that in the greatest part of the earth, people are happy if they can defend themselves against their defenders. ”

“ Some people among us will find these between the curse and the blessing. I, for one, refuse to peep with the radical reformer into the boudoir of the Trust; and I admire her not, as do the aladinists of Damascus, in her travelling toggery. But in her workaday clothes I behold her walking with the people, and I dare say she is tolerably human.
For in spite of what is set down in the Criminal Code, I am convinced that the Trust hath a soul. Else how could she be so fair and so wicked, so voracious withal and so bounteous? Indeed, the soul of the Trust is accumulative, even like her capital. ”

“ You, in whose hands was power to give joy, gave death. What you have sown you shall reap. Here on this spot I charge you with high treason, with treachery to the people over whom you have power as a trust, which trust you have made a scourge. ”

“ I waver between hope and fear. Many, it is true, have fallen, and dragged with them the author of their ruin, but some have soared above even these perils and temptations, with their fiery energies unimpaired, and great has been, as great ought to be, their recompence.
But you are doubtless aware of your danger. I need not repeat the consequences of betraying your trust, the rigour of those who will Judge your fault, the unerring and unbounded scrutiny to which your actions, the most secret and indifferent, will be subjected.
Your conduct, however, will be voluntary. ”

“ You cannot ignore them always. You cannot grapple with them in your own strength. 'Only believe,' says the Comforter and the Courage-bringer. The attitude of trust banishes dread, and nothing else will effectually and reasonably do it. 'I will forewarn you whom ye shall fear.' Him who can slay and who judges. You have, and you cannot break, a connection with God. He ought to be one of two things—your ghastliest dread or your absolute trust. ”

“ Assume it all to be true, then something else has to be done to bring about the occasion for the intervention of the trust. You can argue it out, and think it over till the crack of doom, Yardley, but I am positive that that trust cannot come into operation by mere fortuitous circumstance. ”

“ In short, as we once said, "the elements of actual fraud -- of the betrayal by secret action of confidence reposed, or assumed to be reposed, grows in importance as the relation between the parties falls from an express to an implied or a quasi trust, and on to those cases where good faith alone is involved." ”

“ Let one who has had trouble confide in them, and let them be but fully convinced that they are the trusted custodians of such confidence, and nothing can induce them to betray the trust so reposed. The penalty of severest punishment cannot wring from them a secret intrusted to them. ”

“ And so, through all the relations of society, wherever a sacred trust is abused, and a confidence outraged, and obligations rent recklessly asunder, there this self-incurred species of suffering, in a greater or less degree, exists accordingly as the moral sensibilities are blunted, or the contrary. ”

“ It therefore immediately makes these evils concrete. The trust is thus a manifestation, and the people, with their customary thoughtlessness, attack the manifestation rather than the thing itself—the fruit of monopoly rather than the tree. ”

“ There is no disposition more foolish than that of the sinner who presumes, without labouring toward his amendment, is the first: there is none more injurious to God, is the second. The folly of a false trust: the insult of a false trust. Let us explain these two truths.
Part I. — I am not afraid of openly agreeing with you, my brethren, that the mercies of the Lord are always more abundant than our wickednesses, and that his goodness may furnish legitimate motives of trust to all sinners. ”

“ On the other, they scorned to break a promise; despised gain; would not demean themselves by counting money; incurred deadly risks for the sake of any stranger that appealed to their protection; deemed it a sacred trust to act as mediator in the quarrels of others, and never hesitated to espouse the cause of the weak against the strong. ”

“ Any trust that is evil must of necessity be doing these things.
"But it is our fault. When a trust robs the government of duties by a secret removal of cargo, or by undervaluation, the government is as guilty as the trust is. ”

“ And Secondly, the Absurdity of the very Supposition, even in the Case of a Trust conferr'd by the People. If the King breaks his Trust, the People Resume it: but who are These People? If a Representative, they are but Trustees Themselves, and may incur a Forfeiture too, by the same Argument. ”

“ Oh! how much it grieveth me that the king should have any suspicious opinion in me, to think that I would be false or conspire any evil to his royal person; who may well consider, that I have no assured friend in all the world in whom I put my [364] trust but only in his grace; for if I should go about to betray my sovereign lord and prince, in whom is all my trust and confidence before all other persons, all men might justly think and report, that I lacked not only grace, but also both wit and discretion. ”

“ There is little cause for surprise, then, that this most devastating of the many betrayals of trust from which human confidence has suffered should, in the course of time, undermine the foundations of belief itself. ”

“ This, my brethren, is what induces me to occupy your time at present upon so important a matter, persuaded that a false trust is the source of condemnation to almost all sinners; that those who are afraid of perishing, never perish ”

“ Do you know anything about trusts, Tempest?”
“A bit—I daresay as much as most of the men on our side of the hedge. But if it’s a trust, why don’t you go to Overhill?”
“I’m going on to him presently—when [60] I’ve heard what you’ve got to say. But these chancery men always seem to me to be machines without humanity. To be candid, my partners and I want to know exactly where we stand over this infernal secret trust which old Sir John strapped on our shoulders. ”

“ Give responsibility . . even if you give it for your own discredit. What's beneath trust deeds and last wills and testaments, and even acts of Parliament and official creeds? Fear of the verdict of the next generation . . fear of looking foolish in their eyes. ”

“ The whole doctrine, as well as practice of secrecy, is so perplexing and dangerous, that next to him who is compelled to trust, I think him unhappy who is chosen to be trusted; for he is often involved in scruples without the liberty of calling in the help of any other understanding; he is frequently drawn into guilt, under the appearance of friendship and honesty ”

“ But when a public man has conspicuously betrayed and prostituted high official trust for pecuniary gain, and is then elevated by the people, knowing this, to higher official trust and honor, do you not think that such a precedent and example will have a fearfully demoralizing and corrupting effect upon the public mind and come home to us in incalculable dishonor and disaster? ”

“ All frauds and deceits for which there is no redress at common law, all breaches of trust and confidence, and unavoidable casualties, by which obligors, mortgagors, and others may be held to incur penalties and forfeitures, are here remedied. ”

“ In his view, faith is not mystic, supernatural, an exceptional development; it is the common basis of our dealings with each other. Credit, trust, confidence—the framework of society rests upon these. “I cannot trust you”—what worse thing can we say to one another? The law recognises every man’s right to the confidence of his fellow-men, and will have a man accounted innocent until he is proved guilty. ”

“ The only way to break up a trust is from the inside. Keep sitting on it until it hatches. Look at the brood of young colleges and libraries that’s chirping and peeping all over the country. Yes, sir, every trust bears in its own bosom the seeds of its destruction like a rooster that crows near a Georgia colored Methodist camp meeting, or a Republican announcing himself a candidate for governor of Texas.”
I asked Jeff, jestingly, if he had ever, during his checkered, plaided, mottled, pied and dappled career, conducted an enterprise of the class to which the word “trust” had been applied. ”

“ Yet you feel the pressure of other combinations on you, the trust combinations, and you cry out. It is because you are not a trust. If you were a grocery trust for the whole United States, you would be singing another song. ”

“ Before contemplating destruction of the Trust, let us see if we cannot find some way to train and to harness it, like the horse, so that it will be useful and beneficial. Let us try to devise a method whereby the good qualities of the Trust can be preserved and the evil qualities eliminated. ”

“ In the third arrogant trust in the security of human undertakings, without consideration of God's will, is denounced. The transition from the false confidence which leads men to judge others with a light heart, to the false confidence which leads men to account the future as their own, is easily made ”

“ Love betrayed, trust violated, aspiration misinterpreted, were the spiritual aspects; a divided household, entangling obligations, a probability of serious loss, were the material evils which accompanied them. ”