Higgins v. Higgins

The Superior Court (Temple, J.), approving the recommendation of a Master (Glenn G. Davis, Esq.), dismissed the plaintiffs petition, wherein he had requested temporary injunctive relief, an accounting, and other affirmative relief. The petition was based on the alleged existence of a partnership between the plaintiff, Lawrence Higgins, and the defendant, his father; or, in the alternative, on a confidential relationship calling for the imposition of a constructive trust on certain assets (including the proceeds from the sale of real estate) held by the defendant. In this appeal, the plaintiff…