Rodick v. Pineo
Supreme Judicial Court of Maine
On report. This is an action for money had and received, brought by plaintiff, a brother as assignee of another brother, against a sister to recover a balance claimed to be due from the proceeds of a conveyance of certain land on Bar Island in Frenchman’s Bay.
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On report. This is an action for money had and received, brought by plaintiff, a brother as assignee of another brother, against a sister to recover a balance claimed to be due from the proceeds of a conveyance of certain land on Bar Island in Frenchman’s Bay. The record title of the land was in the defendant, but plaintiff claimed that the character and nature of the transaction investing the title in defendant was such as to constitute a constructive trust implied by the law, and that she held the title to said land in trust, and the assignor of plaintiff was a beneficiary. The defendant…
1Opinion of the CourtDunn, J.
Bar Island, lying in Frenchman’s Bay, within the corporate limits of the town of Gouldsboro, opposite and nearby the Bar Harbor Village landing, was owned by David Rodick. His wife was living apart from him. Fearful that she would cause attachment of his property to be made, and desirous of saving the island to himself, he, by recorded deed of absolute form, dated June 1, 1865, gratuitously conveyed its title to two of his sons, one named Fountain and the other Serenus. Eight years later, at the father’s request, these sons conveyed the estate to their sister, Flora, the defendant. No actual…
2Cases cited3 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Merrill v. Cape Ann Granite Co.Massachusetts Supreme Judicial Court · 1894
- Talbot v. National Bank of the CommonwealthMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- In Re Estate of StowellSupreme Judicial Court of Maine · 1991
- Champlin Refining Co. v. Gasoline Products Co.Court of Appeals for the First Circuit · 1928
- Malcolmson v. Goodhue County National BankSupreme Court of Minnesota · 1937
- Smith v. Bath Loan & Building Ass'nSupreme Judicial Court of Maine · 1927
- Waterbury v. NICOLOregon Supreme Court · 1956
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