Mason v. . Libbey
New York Court of Appeals
This action was brought to have a trust declared in favor of •plaintiff in certain real estate, the title of which was in defendant. The principal question was as to the fact whether the premises were held in trust. As to this the court held that the evidence justified the findings of the referee. Plaintiff attempted to prove by her husband on the trial the contents of a certain letter alleged to have been destroyed.
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This action was brought to have a trust declared in favor of •plaintiff in certain real estate, the title of which was in defendant. The principal question was as to the fact whether the premises were held in trust. As to this the court held that the evidence justified the findings of the referee. Plaintiff attempted to prove by her husband on the trial the contents of a certain letter alleged to have been destroyed. What occurred on the trial and the holding in reference thereto appear in the following extract from the opinion. “ He (the husband) testified to an acquaintance with the…
1Opinion of the Court
Danforth, J.,
reads for affirmance.
All concur, except Tbaoy, J., absent.
Judgment and order affirmed.
2Cited by8 opinions
- Stephan v. MetzgerMissouri Court of Appeals · 1902
- West v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Bromley v. Mollnar, New York County Courts1942
- In re the Estate of MayerNew York Surrogate's Court · 1965
- Berg v. CarrollNew York Court of Common Pleas · 1891
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