Cohnfeld v. . Tanenbaum
New York Court of Appeals
Appeal from, a judgment of the Appellate Bivision of the Supreme Court in the first judicial department, entered March IS, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from, a judgment of the Appellate Bivision of the Supreme Court in the first judicial department, entered March IS, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. When a person receives from a trustee funds of the trust estate with knowledge that they are such trust funfls and for a purpose foreign" to the trust, he may, at the option of the cestui g%ie trust, be regarded as a constructive trustee and compelled to…
1Opinion of the CourtCullen, J.
The action was brought by the plaintiff in his own right and as assignee of his brothers and sisters, children and wards of Isidore Cohnfeld, deceased, to recover from the defendant the amount paid to him by said guardian by three checks, aggregating the sum of $1,200. The case was tried on an agreed statement of facts which is extremely meagre in its details. By such statement it appears that said Isidore was appointed guardian of said children on January 2nd, 1885. On January 1st, 1886, he had in his possession moneys of his wards amounting to $10,355.79, and in March, 1892, he opened an…
2Cases cited2 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Gerard v. . McCormickNew York Court of Appeals · 1891
3Cited by26 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Gibney v. AllenMichigan Supreme Court · 1909
- Myers, Receiver v. MatusekSupreme Court of Florida · 1929
- Keeney v. Bank of ItalyCalifornia Court of Appeal · 1917
21 more not listed; retrieve them via the Exa API.