Crook v. Crook
New York Court of Common Pleas
Trial of issues. Marcella F. Crook and another administrator of Samuel 32. Crook, Jr., deceased, brought this action against Samuel 12. Crook, the father of the deceased, and J. S. Barclay, the lessor of the premises occupied by the deceased, to obtain for the estate administered by the plaintiff the benefit of a renewal of the lease. It appeared that the original lease had been made by the defendant, J. S. Barclay, to the defendant, Samuel II.
Read the full summary
Trial of issues. Marcella F. Crook and another administrator of Samuel 32. Crook, Jr., deceased, brought this action against Samuel 12. Crook, the father of the deceased, and J. S. Barclay, the lessor of the premises occupied by the deceased, to obtain for the estate administered by the plaintiff the benefit of a renewal of the lease. It appeared that the original lease had been made by the defendant, J. S. Barclay, to the defendant, Samuel II. Crook, Sr., and that the latter had some years ago given and assigned the lease to his son, the deceased ; and the son ever since, and until his…
1Opinion of the Court
Hon. Hooper C. Van Vorst, Referee.
The doctrine of a constructive trust arising upon the renewal of a lease by a trustee, or executor in his own ñamo, and for his own benefit, rests upon the ground of public policy to prevent persons in such situations from acting so as to take a benefit to themselves (Keech v. Sanford, White & Tudor's Lead. Cas. in Eq. pt. 1, p. 49). And the rule that the renewal shall enure to the benefit of the cestui quo trust is enforced even in cases where it is-apparent that the lessor would not have renewed the lease to the cestui que trust, nor for his benefit; and…
2Cases cited4 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Bellamy v. Sheriff of Jackson CountySupreme Court of Florida · 1855
- Mitchell v. ReadNew York Supreme Court · 1872
3Cited by2 opinions
- Mahr v. Norwich Fire Insurance SocietyNew York Supreme Court · 1889
- Maltz v. Westchester County Brewing Co.New York Supreme Court · 1913