Pendleton v. Fay
New York Court of Chancery
The bill in this, cause was originally filed in 1823, by Davoue, an infant, by her next friend. She was married to Pendleton, and the suit was revived in their names. After the death of Pendleton a decree was made, settling the rights of the parties to the real estate in controversy, and referring it to the master to take an account of the rents and profits of the premises, received by the Robert Grade.
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The bill in this, cause was originally filed in 1823, by Davoue, an infant, by her next friend. She was married to Pendleton, and the suit was revived in their names. After the death of Pendleton a decree was made, settling the rights of the parties to the real estate in controversy, and referring it to the master to take an account of the rents and profits of the premises, received by the Robert Grade. In September,'1830, the complainant, Harriet Pendleton, intermarried with J. P. Dellentash. In October thereafter, without noticing the abatement of the suit by the intermarriage of the…
1Opinion of the Court
The Chancellor.
When this question was before me on the former application, I came to the conclusion that it would be inequitable to charge the defendant Grade with any insurance money he might have received. It appears by the report of this case, when it was heard upon the merits, (2 Paige's R. 202,) that the defendant Grade was turned into a trustee, by implication merely; and at the time the house was insured and destroyed by fire, he was in possession of the property, claiming it in his own right and believing himself to be the legal and beneficial owner of the' premises. As he was not an…
2Cited by16 opinions
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- City of Omaha v. RedickCourt of Appeals for the Eighth Circuit · 1894
- Stocking v. HansonSupreme Court of Minnesota · 1876
- Beach v. ReynoldsNew York Court of Appeals · 1873
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