Stephenson v. Go-Gas Co.
New York Court of Appeals
There is no express or implied promise to give a hen to the plaintiff on any properties of any of the defendants; there are no words and no language from which any inference may be drawn of an intention to transfer existing rights to present or future property or funds to the plaintiff; nor are there any such equities pleaded or any fiduciary relations alleged which would justify the creation of any form of equitable lien or assignment known to the law.
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There is no express or implied promise to give a hen to the plaintiff on any properties of any of the defendants; there are no words and no language from which any inference may be drawn of an intention to transfer existing rights to present or future property or funds to the plaintiff; nor are there any such equities pleaded or any fiduciary relations alleged which would justify the creation of any form of equitable lien or assignment known to the law. (Massachusetts Gasoline The certificates create both an equitable lien upon and a trust in the receipts of the stations. (Hinkle Iron Co. v.…
1Opinion of the CourtLehman, J.
The plaintiff has, in his amended complaint, attempted to allege a cause of action for equitable relief. Its has been challenged by motion to dismiss the complaint. An order granting that motion was reversed by the Appellate Division “ upon the ground that the amended complaint states a cause of action for an accounting at least, and may, upon proper proofs, establish other relief sought.” (231 App. Div. 851.) It has granted leave to appeal from its order and has certified questions to us: Does the complaint state facts sufficient to constitute a cause of action against the defendants who…
2Cases cited2 opinions
- Muller v. . KlingNew York Court of Appeals · 1913
- Tallman v. . HoeyNew York Court of Appeals · 1882
3Cited by10 opinions
- Coastal Commercial Corp. v. Samuel Kosoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Rockmore v. LehmanCourt of Appeals for the Second Circuit · 1942
- State Factors Corp. v. Sales Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Kahlmeyer v. Green-Wood CemeteryNew York Supreme Court · 1940
- In re the General Assignment for the Benefit of Creditors of Film Classics, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
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