Schmitz v. Schmitz

The plaintiff by this action seeks to impress a trust in his favor upon two parcels of real estate situated at Nos. 1142-1144 Franklin avenue, borough of Bronx, city of New York, now in the name of his wife, the appellant herein, and demands a reconveyance thereof and an accounting with respect thereto during the years the property has been solely owned, managed and controlled by the defendant.

When the parties were married on April 25, 1903, the plaintiff was a ribbon weaver and worked at that business until October, 1911. Thereafter, he conducted a candy and stationery store at No. 3343…