Angermiller v. Ewald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Ewald, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 19th day of December, 1908, upon the decision of the court rendered after a trial at the Mew York Special Term.
1DissentHoughton, J.
I think the plaintiff proved facts from which the fair inference arises that the defendant agreed to take title to the real property in question and hold it for the benefit of the decedent Ilalk. If there was in fact such an agreement thé law will not permit the defendant to shield his fraud in refusing to convey or to account for the proceeds under the plea of the Statute of Fraud's, (Jeremiah v. Pitcher, 26 App. Div. 402; affd., 163 N. Y..574; Church of St. Stanislaus v. Algemeine Verein, 31 App. Div. 133; affd., 164 N. Y. 606; Ryan v. Dox, 34 id. 307.) From the nature of the case the…
2Cases cited5 opinions
- Jeremiah v. PitcherAppellate Division of the Supreme Court of the State of New York · 1898
- Fagan v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1906
- Church of St. Stanislaus v. Algemeine VereinNew York Court of Appeals · 1900
- Church of St. Stanislaus v. Algemeine VereinAppellate Division of the Supreme Court of the State of New York · 1898
- Schultze v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886