Finnegan v. McGuffog

Appeal from a judgment entered on the 14th day of July, 1909.

Judgment affirmed, with costs, on opinion in the court below. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ.

' The following is the opinion of the court below :

Bischoff, J.:

The defendant’s assumption of control over the leasehold, by taking a renewal in her own name after the death of the. prior lessee, whose pos*900session was affected by his. own declaration óf trust, sufficed to'constitute her a trustee of the constructive trust. The cause óf action in favor of the parties interested as beneficiaries, under…