Legal Opinion

Surasky v. Weintraub

Supreme Court of South Carolina

Decided March 6, 1912No. 8124Published

Before Memminger, J., Aiken, June, 1911. Action by Hyman Charles Surasky et al. against Charles Weintraub et al. on several causes of action, the first and second of which are: “For a first cause of action.

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Before Memminger, J., Aiken, June, 1911. Action by Hyman Charles Surasky et al. against Charles Weintraub et al. on several causes of action, the first and second of which are: “For a first cause of action. “The complaint of the above named plaintiffs respectfully shows unto this Court: 1. “That on or about the 6th day of July, 190S, the plaintiffs, Hyman Charles Surasky, Solomon Surasky, Samuel Surasky and Benedict Morris Surasky, and the defendant, Charles Weintraub, entered into an agreement, wherein, among other things, they covenanted and agreed that they would jointly purchase the tract…

1Opinion of the Court

March 6, 1912. The first opinion was delivered by The complaint sets forth five causes of action; the first seeks to have a resulting trust declared in certain lands, and the second is for an accounting. The others are not involved in this appeal.

His Honor, the Circuit Judge, who heard the case, ruled that there was a resulting trust in favor of the plaintiffs, under the first cause of action; but, that under the second cause of action, nothing was due the plaintiffs, for the reason that they applied the salary of the defendant, Weintraub, for superintending the farming operations, in payment…

2Cases cited9 opinions

  1. Olcott v. BynumSupreme Court of the United States · 1873
  2. Turnipseed v. SirrineSupreme Court of South Carolina · 1900
  3. Walker v. W., C. & A. RailroadSupreme Court of South Carolina · 1887
  4. Phillips v. AnthonySupreme Court of South Carolina · 1896
  5. Bell v. EdwardsSupreme Court of South Carolina · 1907

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