Legal Opinion

Schmieder v. Hall

District Court, S.D. New York

Decided September 25, 1976No. 69 Civ. 1939PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WHITMAN KNAPP, District Judge.

This six year old diversity action was tried without a jury on June 30 and July 1, 1976. Plaintiff Kurt Schmieder, a citizen of the Federal Republic of Germany, seeks to impress a constructive trust upon certain property of the estate of the late Helen B. Dwyer. The defendant Louis Hall, Jr., an attorney, is the executor and a principal beneficiary of the Dwyer estate.

In essence, the plaintiff claims that there was a gentlemen’s agreement to return to him at some future time certain property which was transferred unconditionally and absolutely to Mrs.…

2Cases cited17 opinions

  1. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  2. Clark v. Uebersee Finanz-Korp., AGSupreme Court of the United States · 1947
  3. Dictograph Products Company, Inc. v. Sonotone Corporation, Emil Henry Greibach and S. Michael PinelesCourt of Appeals for the Second Circuit · 1956
  4. Dictograph Products Co. v. Sonotone Corp.Supreme Court of the United States · 1956
  5. Cummings v. Deutsche Bank Und DiscontogesellschaftSupreme Court of the United States · 1937

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Tose v. First Pennsylvania Bank, N.A.Court of Appeals for the Third Circuit · 1981
  2. Caballero v. AnselmoDistrict Court, S.D. New York · 1991
  3. In re the Estate of DwyerAppellate Division of the Supreme Court of the State of New York · 1977
  4. Slotkin Ex Rel. Slotkin v. Citizens Casualty Co.District Court, S.D. New York · 1978
  5. Gutierrez v. BowenDistrict Court, S.D. New York · 1989

3 more not listed; retrieve them via the Exa API.

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