New York Court of Appeals, 1928

The Court of Appeals held that a managing coadventurer who secretly appropriates a business opportunity arising as an incident of his management — here, a new long-term lease combining the Bristol site with adjoining parcels — breaches the duty of undivided loyalty owed his coadventurer, and that the price of denying…

The Court of Appeals reversed the judgments for the plaintiff and dismissed her complaint, holding that the railroad guards' conduct in dislodging a passenger's innocently appearing package — secretly containing fireworks that exploded and toppled scales onto the plaintiff — was not negligence as to her because no…