Hayden v. Walters

Schnepp, J. (dissenting)

I dissent. Although the trial court made no specific finding with relation to the elements necessary to impose a constructive trust it specifically found that plaintiff, along with each of his brothers, received from defendant a check for $5,850 "as his respective share of proceeds of sale in settlement of their father’s estate”. This check was dated July 1,1981 and when presented for payment by plaintiff about 10 days later was dishonored and returned for insufficient funds. It was during this period that plaintiff made a written request for an accounting with which…