Robbins v. . Robbins
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 7, 1881, which affirmed a judgment, in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Beported below, 15 J. & S. 193.) This action was brought to have it adjudged that plaintiff is the owner and entitled to the possession of a certain bond and mortgage in the possession of defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 7, 1881, which affirmed a judgment, in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Beported below, 15 J. & S. 193.) This action was brought to have it adjudged that plaintiff is the owner and entitled to the possession of a certain bond and mortgage in the possession of defendant. The material facts are stated in the opinion.
1Opinion of the CourtDannobth, J.
The plaintiff’s application is to the equitable jurisdiction of the court; but a case suggesting fewer considerations likely to influence a court of equity in its favor, or more opposed to the rules and maxims by which such a tribunal must be guided than the one on which he relies, has not been brought to our attention. In the diversity of causes of action it seldom happens that one is found which has no other support than an admitted breach of confidence, and violation of trust reposed by a father in his son. Such is this case.
In September, 1869, the defendant, for $100,000, purchased lands…
2Cases cited5 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Siemon v. . SchurckNew York Court of Appeals · 1864
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Nelson v. WorrallSupreme Court of Iowa · 1866
3Cited by30 opinions
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Bork v. . MartinNew York Court of Appeals · 1892
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Arntson v. First National BankNorth Dakota Supreme Court · 1918
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