Jaffe v. . Weld
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, which reversed an order of Special Term granting a motion by plaintiffs for judgment on the pleadings and denied said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, which reversed an order of Special Term granting a motion by plaintiffs for judgment on the pleadings and denied said motion. The following question was certified: “Does the amended complaint, verified June 29, 1915, state facts sufficient to constitute a cause of action ? ” - The nature of the action and the facts, so far as material, are stated in the opinion. The complaint before the court states a cause of action, to wit, the right to follow…
1Opinion of the CourtCardozo, J.
This is an action to enforce a constructive trust. The plaintiffs say that moneys, taken from them by fraud and theft, have been converted into merchandise, and traced into the defendants’ hands. They ask the aid of equity to charge the defendants as trustees (Newton v. Porter, 69 N. Y. 133; Am. Sugar Ref. Co. v. Fancher, 145 N. Y. 552).
The plaintiffs are bankers in the city of New York. They bought foreign drafts with bills of lading attached. The bills of lading were forged. The sellers of the drafts, Steele, Miller & Company of Corinth, Mississippi, were also the forgers. After issuing the…
2Cases cited6 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Heinrich v. First National BankNew York Court of Appeals · 1916
- Jaffe v. WeldAppellate Division of the Supreme Court of the State of New York · 1913
- Jaffe v. . WeldNew York Court of Appeals · 1913
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3Cited by4 opinions
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- National City Bank v. WaggonerAppellate Division of the Supreme Court of the State of New York · 1930
- Majestic Loose Leaf, Inc. v. CannizzaroNew York Supreme Court · 1957
- Jaffe v. WeldAppellate Division of the Supreme Court of the State of New York · 1917