Jones v. . Kent
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Kew York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Kew York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 13 J. & S., 66.) This action was brought to have it adjudged that certain stock and bonds, which came into the hands of defendant Kent as administrator of the estate of E. Rockwell, deceased, with the interest and dividends received thereon were held by said defendant in trust; to compel a sale of said stock and bonds, and for an accounting, etc. The facts appear sufficiently in the…
1Opinion of the CourtDanforth, J.
Two instruments similar in form lie at the bottom of this controversy. They are in these words :
“ Bcccivcd of J. W. Jones by agreement, one thousand shares of St. Joe Lead Stock for which I have paid him $3.,000. The understanding is that I am to give said Jones one-half of whatever price the same is sold for, when sold over and above that sum.
“ Dated New York, June 19, 1866.
“ E. BOCKWELL.”-
This is one; the other is dated June 29. The plaintiff claims that they express or imply a trust. The defendant denies this, and by his answer alleges that they were executed in pursuance of a contract by…
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