Legal Opinion
Bankers Security Life Insurance Society v. Shakerdge
New York Court of Appeals
Decided April 22, 1980PublishedCited by 91 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
In general, though as an equitable doctrine its application to particular circumstances is susceptible of some flexibility, to establish a constructive trust there must be provided: (1) a confidential or fiduciary relation, (2) a promise, express or implied, (3) a transfer made in reliance on that promise, and (4) unjust enrichment (Simonds v Simonds, 45 NY2d 233, 241-242; Sharp v Kosmalski, 40 NY2d 119, 121). On the record here, the only showing that any promise had been made would have to be culled from…
2Cases cited4 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Simonds v. SimondsNew York Court of Appeals · 1978
- In re the Accounting of the Marine Midland Trust Co.Appellate Division of the Supreme Court of the State of New York · 1971
- In re the Accounting of the Marine Midland Trust Co.New York Court of Appeals · 1972
3Cited by91 opinions
- Securities Groups v. BarnettCourt of Appeals for the Eleventh Circuit · 1993
- Jaffer v. HirjiCourt of Appeals for the Second Circuit · 2018
- In Re: Koreag, Controle Et Revision S.A.Court of Appeals for the Second Circuit · 1992
- William Wrigley Jr. Co. v. WatersCourt of Appeals for the Second Circuit · 1989
- Superintendent of Insurance for New York v. Ochs (In re First Central Financial Corp.)Court of Appeals for the Second Circuit · 2004
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