Piper v. . Hoard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order, made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint herein. The substance of the complaint is set forth in the opinion, Equity cannot interfere to relieve plaintiff from the consequences of her mother’s design.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order, made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint herein. The substance of the complaint is set forth in the opinion, Equity cannot interfere to relieve plaintiff from the consequences of her mother’s design. (Perry on Trusts, § 173.) A constructive trust arises only in, favor of the particular person upon whom the supposed fraud is practiced. The law interferes to imply a trust, only where it…
1Opinion of the CourtPeckham, J.
This case comes here upon a demurrer to the plaintiff’s complaint as not stating facts sufficient to constitute a cause of action. The Special Term overruled the demurrer and granted defendant leave to answer upon payment of costs. This privilege the defendant refused to avail himself of and final judgment was duly entered against him. He appealed therefrom to the General Term, where the judgment was affirmed, with costs, and leave was again granted him to answer on payment of costs, and again the privilege was refused, when final judgment of affirmance being entered the defendant appealed to…
2Cases cited2 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Whiting v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
3Cited by40 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Renslow v. Mennonite HospitalIllinois Supreme Court · 1977
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Ransdel v. MooreIndiana Supreme Court · 1899
- Halio v. LurieAppellate Division of the Supreme Court of the State of New York · 1961
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