Wolfson v. Samfred Holding Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order requiring an accounting of rents and profits by the defendants reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In a proper case the practice of applying at the foot of the judgment for an accounting may be justified. Here the right to an accounting as a matter of law is questioned, and the right is negatived by the proof. In this case it has been adjudicated that defendant Samfred Holding Corporation took title to the property in question as a fraudulent grantee and that it held it in trust for the benefit of the…
2Cases cited2 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- King v. WilcoxNew York Court of Chancery · 1845
3Cited by1 opinion
- Janson v. SchierSupreme Court of New Hampshire · 1977