Allen v. Arkenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eliza J. Arkenburgh, from a judgment of the Supreme Court in favor of the plaintiff, bearing date the 30th day of October, 1895, and entered in the office of the clerk of the county of New York upon the decision of the court rendered after a trial at the New York Special Term. The defendants are the executor and executrix of Robert H. Arkenburgh, deceased.
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Appeal by the defendant, Eliza J. Arkenburgh, from a judgment of the Supreme Court in favor of the plaintiff, bearing date the 30th day of October, 1895, and entered in the office of the clerk of the county of New York upon the decision of the court rendered after a trial at the New York Special Term. The defendants are the executor and executrix of Robert H. Arkenburgh, deceased. In November, 1878, the decedent, the plaintiff, Jeannette A. Allen, Robert H. Kinsey, Thomas J. Kinsey and Elizabeth J. Adams each owned an undivided one-fifth interest in certain property in the city of Rahway, New…
1Opinion of the Court
Barrett, J.:
The question presented is whether tne circumstances attending the agreement in question are such as to impress a trust upon the land which will entitle the plaintiff and the other interested parties to share in the proceeds.
The defendant executrix relies upon the Statute of Frauds, while the plaintiff claims that Mr. Arkenburgh took the property as a trustee for all the tenants; and she invokes the docti’ine that the statute may not be used to shield a fraud. It is conceded that the mere breach of a verbal agreement is not ordinarily such a fraud as is contemplated by the doctrine…
2Cases cited8 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Van Horne v. FondaNew York Court of Chancery · 1821
- Levy v. . BrushNew York Court of Appeals · 1871
- Rothwell v. DeweesSupreme Court of the United States · 1863
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3Cited by12 opinions
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- Harlem Church of Seventh Day Adventists v. Greater New York Corp. of Seventh Day AdventistsNew York Supreme Court · 1932
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