Legal Opinion
Miller v. Merrell
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Witmer, J.
The basic question presented on this appeal is whether the defendant, who stood in a fiduciary relationship with his brother and the two plaintiffs, can be declared to be a con*129structive trustee for them and himself of real property purchased by him but in which none of them previously held an interest and toward the purchase price of which none of the others contributed. We answer in the affirmative. An understanding of this case requires a review of some of the family history of the parties.
Plaintiffs are brothers and are first cousins of defendant, Edgar S. K.…
2Cases cited15 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Wendt v. FischerNew York Court of Appeals · 1926
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
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3Cited by3 opinions
- Augustine v. SzwedAppellate Division of the Supreme Court of the State of New York · 1980
- Vincent v. VincentAppellate Division of the Supreme Court of the State of New York · 1981
- Interstate Properties v. Pyramid Co. of UticaDistrict Court, S.D. New York · 1984