St. John v. Benedict
New York Court of Chancery
THE bill, (filed June 13, 1818,) stated, that the plaintiff, on the first of January, 1807, purchased and took an assignment of a contract, made October 31, 1806, between William Thayer, and an agent of the Pulteney estate, for the purchase of lot No. 35, in township No, 13, in the third range of townships in the county of Ontario, containing 1481 acres of land, by which the agent covenanted to convey to T. the lot, in fee, on the payment of 371 dollars and 25 cents, in two…
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THE bill, (filed June 13, 1818,) stated, that the plaintiff, on the first of January, 1807, purchased and took an assignment of a contract, made October 31, 1806, between William Thayer, and an agent of the Pulteney estate, for the purchase of lot No. 35, in township No, 13, in the third range of townships in the county of Ontario, containing 1481 acres of land, by which the agent covenanted to convey to T. the lot, in fee, on the payment of 371 dollars and 25 cents, in two annual payments, with interest, &c. That the plaintiff, immediately after the assignment of the contract to him, entered…
1Opinion of the Court
The Chancellor.
The bill seeks to establish and tó have enforced a resulting trust against the defendant, Benedict, who, it is alleged, was a purchaser, with notice, from the fraudulent trustee.
[Here his honour stated the substance of the pleadings.} It is abundantly proved, that the avowed object of the new arrangement, in December, 1816, between the plaintiff and H., was to aVoid the effect of the Sheriff’s sale, in September, under Griffin’s judgment, and, also, the judgment or claim of another creditor. The original contract was destroyed, and the balance was paid up, and a new deed…
2Cited by10 opinions
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- Rison v. NewberrySupreme Court of Virginia · 1894
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Dressel v. HanserNew York Supreme Court · 1917
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