La Forge v. Latourette
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Nicholas La Forge and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Richmond on the 21st day of March, 1908, upon the decision of the court, rendered after a trial at the Richmond Special Term, dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Concurrence
Gaynor, J. (concurring in result) :
By acquiescence in the claim that the respondents as administrators of the person from whom the title descended, or for having been the committee of the estate of such person at the time of his death, held a relation of trust to his heirs in respect of the real estate which descended from him to them, and therefore could not lawfully purchase such real estate for themselves at the partition sale thereof, and putting our decision on the ground that they purchased in their individual and not in their trust capacity, we would be apparently admitting that such…
2Cases cited1 opinion
- Anderson v. FryAppellate Division of the Supreme Court of the State of New York · 1907