Lounsbury v. Purdy
New York Supreme Court
-This was an appeal by the defendant from a decision made at a special term. The case at special term is reported :in 11 tk Barb. 490, where the facts are fully stated. 1. The jury find by their special verdict, “ that Clements- Quereau -purchased the premises in question, under a párol agreement to hold said premises Intrust for the üse and benefit of Catharine Lounsbury, the plaintiff;;” ándffurther, “ that -said .premises were purchased and paidibr with said Catharine…
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-This was an appeal by the defendant from a decision made at a special term. The case at special term is reported :in 11 tk Barb. 490, where the facts are fully stated. 1. The jury find by their special verdict, “ that Clements- Quereau -purchased the premises in question, under a párol agreement to hold said premises Intrust for the üse and benefit of Catharine Lounsbury, the plaintiff;;” ándffurther, “ that -said .premises were purchased and paidibr with said Catharine Lounsbury’s own money.” This trust is void. “ Where a grant for a valuable consideration shall be made to the person, and…
1Opinion of the Court
By the Court, S. B. Strong, J.
The evidence adduced on the trial of this cause proves clearly that the allegations in the answer, that the defendant bought the property described in the complaint for his own use and benefit, and not as trustee for the plaintiff, or in any other character for her; that he afterwards sold such property to Quereau, without any thing being said at any time about its being in trust, in any way, for the plaintiff; that a deed was given to Quereau for his use and benefit, and not as trustee and for the benefit of the plaintiff; and that the place purchased was not…
2Cited by10 opinions
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- Yetman v. HedgemanNew Jersey Court of Chancery · 1913
- Leonard v. GreenSupreme Court of Minnesota · 1885
- Matthews v. TorinusSupreme Court of Minnesota · 1875
- Higgins v. HigginsNew York Supreme Court · 1883
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