Muller v. Schram

This is a bill brought by the receiver of a bankrupt corporation against its officers and their wives to impress a resulting trust on certain lands in Paterson, New Jersey, the title to which stands in the names of the wives. It is admitted that $2,500 was withdrawn from the corporate funds for the purpose of making this purchase.

Speaking generally, this transaction creates a resulting trust.

In the case of Shaler v. Trowbridge (Court of Errors andAppeals), 28 N.J. Eq. 595, the court said:

"The equitable doctrine applicable to the case is well settled. If a person having a fiduciary character…