Towner v. Berg
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGtbsoN, J.
Plaintiff has had judgment that defendant holds title to certain real property upon a constructive trust for the benefit of plaintiff. Accordingly, the judgment directs that, upon plaintiff’s procuring satisfaction of a mortgage upon which defendant is liable, defendant convey to plaintiff legal title to the premises. Defendant appeals, asserting that the evidence was insufficient to invoke the remedy of constructive trust but that, in any event, plaintiff cannot establish the elements which would entitle him, prima facie, to that remedy, except upon proof of an agreement made in…
2Cases cited22 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Foreman v. ForemanNew York Court of Appeals · 1929
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3Cited by12 opinions
- Janke v. JankeAppellate Division of the Supreme Court of the State of New York · 1975
- Musso v. Tesmetges (In Re Tesmetges)District Court, E.D. New York · 1984
- Reisner v. StollerDistrict Court, S.D. New York · 1999
- Ackerman v. Ventimiglia (In Re Ventimiglia)United States Bankruptcy Court, E.D. New York · 2007
- Djamoos v. DjamoosAppellate Division of the Supreme Court of the State of New York · 1989
7 more not listed; retrieve them via the Exa API.