Blair v. Mahon

VALLÉE, J.

Appeal by plaintiff from a judgment of dismissal entered pursuant to an order sustaining the demurrer of Florence Z. Mahon, referred to as defendant, to the second amended complaint' without leave to amend in a suit to establish a constructive trust. Florence Z. Mahon died after the commencement of the action and the executor of her will was substituted in her stead.

The complaint alleged:

Plaintiff at all times mentioned prior to October 1, 1945, was in the Army. In July, 1944, he was in England preparing to depart for France for combat. While in England, between July 3 and 24, 1944,…