Lucas v. Dewey
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Lucas, Turner & Co., the plaintiffs in the Court below, filed a bill against Payne & Dewey and B. F. Moulton, in order to compel Payne & Dewey to perform and execute a trust in favor of complainants, created in the following manner: Benjamin F. Moulton, on the 24th of January, 1854, conveyed to Theodore Payne one of the firm of Payne & Dewey, real estate auctioneers, several parcels of…
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Lucas, Turner & Co., the plaintiffs in the Court below, filed a bill against Payne & Dewey and B. F. Moulton, in order to compel Payne & Dewey to perform and execute a trust in favor of complainants, created in the following manner: Benjamin F. Moulton, on the 24th of January, 1854, conveyed to Theodore Payne one of the firm of Payne & Dewey, real estate auctioneers, several parcels of real estate in the city of San Francisco, to be sold by them for and on account of said Moulton; that the value of such…
1Opinion of the CourtMurray, C. J.
The demurrer was properly overruled. Moulton was indebted to the plaintiffs, and charged with combining to defraud them, and under the facts of the case he was a necessary party to a complete determination of the controversy.
The order of Moulton is not void by the Statute of Frauds. The debt due to Lucas, Turner & Co., by Moulton, and the conveyance of his property to Payne & Dewey was a sufficient consideration on their part to support their promise. By this transaction they became liable to the plaintiffs as trustees, and could not escape that liability by a subsequent fraudulent transfer…
2Cited by1 opinion
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