Sturtevant v. . Sturtevant
New York Court of Appeals
Appeal from the Supreme Court. Action for money had and received. A bill of particulars showed that the money claimed was the proceeds of the sale of land conveyed in fee simple absolute by the plaintiff to the defendant in 1833. The trial was before a referee, who received parol evidence, under exception by the defendant, showing that the defendant had at various times admitted that he held the title for the plaintiff’s benefit, and was willing to reconvey it upon receiving…
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Appeal from the Supreme Court. Action for money had and received. A bill of particulars showed that the money claimed was the proceeds of the sale of land conveyed in fee simple absolute by the plaintiff to the defendant in 1833. The trial was before a referee, who received parol evidence, under exception by the defendant, showing that the defendant had at various times admitted that he held the title for the plaintiff’s benefit, and was willing to reconvey it upon receiving the amount of certain advances which he had made for the plaintiff, or to convey it to parties bargaining with the…
1Opinion of the Court
Johnson, Ch. J.
The ground on which this case was disposed of at the trial, was that the evidence established that the defendant was trustee of the land to which the controversy relates, and was liable to account for the proceeds arising from its sale. It is in proof that a conveyance, absolute on its face, was made by the plaintiff to the defendant, and that at the same time the defendant gave the plaintiff his six promissory notes for $228.96 each, payable in one, two, three, four, five and six years. The plaintiff seeks by parol, in the face of these papers, and without any allegation of…
2Cited by23 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Tillaux v. TillauxCalifornia Supreme Court · 1897
- Jackson v. ClevelandMichigan Supreme Court · 1866
- McMahon v. . MacYNew York Court of Appeals · 1872
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