Hiler v. Hetterick
New York Court of Common Pleas
Appeal by the defendant Hetteriek from a judgment entered on the report of a referee. The action was brought against Martha M. Hetterick and Benaiah G-. Stokes, for the purpose of having a resulting trust declared to exist in favor of the plaintiff, in regard to certain real estate in the city of New York, which was alleged to have been purchased with the money of the defendant Stokes, and the conveyance made to the defendant Hetterick, at a time when Stokes was indebted to…
Read the full summary
Appeal by the defendant Hetteriek from a judgment entered on the report of a referee. The action was brought against Martha M. Hetterick and Benaiah G-. Stokes, for the purpose of having a resulting trust declared to exist in favor of the plaintiff, in regard to certain real estate in the city of New York, which was alleged to have been purchased with the money of the defendant Stokes, and the conveyance made to the defendant Hetterick, at a time when Stokes was indebted to the plaintiff. On the reference, it appeared that in 1853 a suit was commenced in the Supreme Court by the plaintiff…
1Opinion of the CourtRobinson, J.
The finding of the referee upon conflicting proofs, that the house and lot Ho. 10 Lexington avenue was purchased with the money of Benaiah Gr. Stokes, and the title taken in the name of the defendant Martha M. Hetterick, his kept mistress, when he was insolvent, and in fraud of the rights *36of the plaintiff, his creditor, can scarcely be the subject of question to any one perusing the testimony; but even if any such doubt should exist, the conclusion to which the referee has arrived, after hearing the proofs and with full opportunity of judging of the credit of the witnesses examined before…
2Cases cited4 opinions
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Lansing v. . RussellNew York Court of Appeals · 1850
- Greene v. BreckNew York Supreme Court · 1860
- Greene v. BreckNew York Supreme Court · 1860
3Cited by2 opinions
- Tolles v. WoodNew York Court of Appeals · 1885
- King v. BaerNew York Supreme Court · 1900