Dolan v. Cummings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Cummings, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office ©f the clerk of the county of Kings on the 28th day of April, 1905, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Concurrence
Gaynor, J. (concurring):
The question whether the mere relation of tenancy in common creates a fiduciary relation among the tenants in respect of the common property seems to be unsettled. In the cases of Van Horne v. Fonda (5 Johns. Ch. 388), Dickinson v. Codwise (1 Sandf. Ch. 214) and Wells v. Chapman (4 id. 333), there were other elements besides the mere relation. The opinion of the lower court in the case of Graham v. Luddington (19 Hun, 251, n.) was in the affirmative, while the opinion of the three judges on appeal in the case of Streeter v. Shultz (45 id. 406) was in the negative. In…
2Cases cited3 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Peck v. . PeckNew York Court of Appeals · 1888
- Abbey v. WheelerNew York Supreme Court · 1895