Kinner v. Lake Shore & Michigan Southern Railway Co.
Kinner v. Lake Shore & Michigan Southern Railway Co.
Opinion of the Court
Whether the courts below should have denied relief to the railway company in obedience to the maxim that, “He who comes into equity must come with clean hands,” is the question presented by the record and discussed by counsel. The record does not show, nor did the rejected evidence tend to show, that
The maxim is more comprehensive in its results than is the kindred maxim that, “He who seeks equity must do equity.” The latter, in the cases to which it applies, defines conditions which should be annexed to a decree granting equitable relief, while that which is here invoked, in the cases to which it applies, denies to the plaintiff all relief; but so similar are they and the reasons upon which they stand in all the cases to which they apply that, in some of the earlier eases and commentaries on equity jurisprudence, the entire subject is treated as comprehended within the maxim lastly stated. It is to be observed that the conditions which are annexed to the granting of equitable relief are always founded upon considerations arising out of the subject of the suit and that a plaintiff, as a condition to equitable relief, is not required to do equity with respect to matters not involved in the subject of the suit. Prom the assumption that the companies composing the passenger association had entered into an unlawful combination in restraint of competition, it results that their conduct may be the subject of inquiry in the nature of a quo warranto, and that courts of equity will also refuse to aid in the enforcement of the contract under which such combination is formed. And this suggests the extent of the operation of the maxim which is invoked by the plaintiffs in error. It denies all relief to a suitor, however well founded his claim to equitable relief may otherwise bé if, in granting the relief which he seeks, the court would be required, by implication even, to affirm the validity of an unlawful agreement or give its approval to inequitable conduct on his part. But a court of equity is not an avenger of wrongs committed at large by those who resort to it for relief, however careful it may be to withhold its approval from those which are
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.