Mann v. Benedict
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth H. Benedict, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Rensselaer on the 3d day of October, 1899, upon the decision of the court, rendered after a trial at the Greene Special Term overruling her demurrer to the complaint, and also from an order made at the Greene Special Term and entered in said clerk’s office on the 3d day of October, 1899, overruling…
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Appeal by the defendant, Elizabeth H. Benedict, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the. county of Rensselaer on the 3d day of October, 1899, upon the decision of the court, rendered after a trial at the Greene Special Term overruling her demurrer to the complaint, and also from an order made at the Greene Special Term and entered in said clerk’s office on the 3d day of October, 1899, overruling said demurrer and directing the entry of said interlocutory judgment. The allegations in the complaint are…
1Opinion of the Court
Merwin, J.:
Under the allegations of the complaint, the money of the plaintiff is traced into the-real estate therein described. It was delivered to the defendant and received by her as part of the purchase price. There being a misappropriation by the general guardian, the plaintiff had a right to look to the land for indemnity. She had an equitable lien thereon to the amount of the trust fund invested in it.. (Ferris v. Van Vechten, 73 N. Y. 113, 119; Holmes v. Gilman, 138 id. 369, 378.) In the Ferris case it is said (p. 119): “ It must *176be conceded that trust moneys may be followed into lands…
2Cases cited4 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Ferris v. . Van VechtenNew York Court of Appeals · 1878
- Hovey v. . ElliottNew York Court of Appeals · 1890
- Warmer v. BlakemanNew York Court of Appeals · 1868
3Cited by3 opinions
- Bryant v. AllenAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Account of WalshNew York Surrogate's Court · 1926
- Kuolt v. KauferWisconsin Supreme Court · 1916