Day v. . Roth
New York Court of Appeals
Appeal from the Supreme Court. Action to charge certain real estate known as the Utica Museum, the title of which was in the defendant, Nelson Roth, with a specific lien in favor of the plaintiff for ¿61,500, with interest.
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Appeal from the Supreme Court. Action to charge certain real estate known as the Utica Museum, the title of which was in the defendant, Nelson Roth, with a specific lien in favor of the plaintiff for ¿61,500, with interest. The trial was before Mr. Justice Pratt, without a jury, who found the following facts: In 1850 the plaintiff, an unmarried lady, residing in England, while under promise of marriage to the defendant, Volkert W. Both, who was then in London, intrusted to him the sum of ¿£1,500 to be invested by him as agent of the plaintiff and for her benefit in this country. In September…
1Opinion of the CourtComstock, J.
The action was brought to charge the gum of <£1,500, received from the plaintiff by the defendant V. W. Roth as an equitable lien upon the real estate known as the Utica Museum, owned by Nelson Roth. It being admitted that Y. W. Roth had the plaintiff’s money to the amount claimed by her, the case at the trial depended mainly on two questions of fact•• 1. Whether he held the money upon a trust for investment on the plaintiff’s account; and 2. Whether he invested it in the purchase and improvement of the Museum, the purchase being made in the name of Nelson Roth, who received the conveyance…
2Cases cited1 opinion
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by76 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Britton v. . LorenzNew York Court of Appeals · 1871
- Gilman v. . McArdleNew York Court of Appeals · 1885
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