McArthur v. . Gordon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February Term, 1889, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The decree establishing a trust and the recovery thereunder, cannot properly be sustained under this complaint.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the February Term, 1889, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The decree establishing a trust and the recovery thereunder, cannot properly be sustained under this complaint. (Kelsey v. Western, 2 N. Y. 506; Bailey v. Rider, 10 id. 363; R. E. Bank v. Eames, 1 Keyes, 592.) A finding of fact without…
1Opinion of the Court
Puger, Oh. J.
This action is brought on helialf of Ebenezer Larmouth, a lunatic, against the defendant Gordon and his grantee, upon a declaration of trust executed by Gordon for the benefit of Larmouth, to enforce the trust and recover the rents and profits of the trust property claimed to have been misappropriated by the defendants.
The complaint proceeded upon the theory that the defendants had neglected to execute the duties of the trust, and had appropriated to their own use the income of the trust property, instead of applying it to the maintenance and support of its beneficiary, as…
2Cases cited3 opinions
- McKillip v. McKillipNew York Supreme Court · 1850
- Proctor v. ProctorMassachusetts Supreme Judicial Court · 1886
- Rowell v. JewettSupreme Judicial Court of Maine · 1879
3Cited by17 opinions
- Hutchins v. . Van VechtenNew York Court of Appeals · 1893
- Cashion v. Bank of ArizonaArizona Supreme Court · 1926
- Johnson v. CommissionerUnited States Board of Tax Appeals · 1936
- Friedman v. BrannerWashington Supreme Court · 1913
- Sherman v. . SkuseNew York Court of Appeals · 1901
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