Lathrop v. Hoyt
New York Supreme Court
This was an action brought to recover the sum of $317 with interest from the 15th day of August, 1847, claimed to be due from the defendant to the plaintiff.
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This was an action brought to recover the sum of $317 with interest from the 15th day of August, 1847, claimed to be due from the defendant to the plaintiff. The complaint alledged that prior to the 2d day of May, 1846, the plaintiff was the owner of a farm of fifty and one-fourth acres of land, situate in the town of Barton, county of Tioga, and that the same was subject to a mortgage bearing date May 7th, 1841, executed by one Isaac E. Fisher to Joseph Hill, to secure the payment of $300, on or before the 25th day of July, 1845, with interest. That on or about the 12th day of September,…
1Opinion of the Court
By the Court, Mason, J.
I am satisfied, after a careful examination of this case, that we can not permit this judgment to stand. The agreement set forth in the complaint, and proved upon the trial, is most clearly within the statute of frauds, and consequently void. The complaint is framed upon the assump*62tion that here was a trust created; that the defendant became and was the trustee of the plaintiff in regard to this land, and as such is bound to account to the plaintiff and pay over. If there is a liability on the part of the defendant, it is because there is a resulting trust in favor of…
2Cases cited1 opinion
- Hall v. ShultzNew York Supreme Court · 1809
3Cited by14 opinions
- Canda v. . TottenNew York Court of Appeals · 1898
- Rizika v. KowalskyNew York Supreme Court · 1954
- Milholland v. PayneAppellate Division of the Supreme Court of the State of New York · 1915
- Ryan & Nevins v. DoxNew York Supreme Court · 1857
- Myers v. GreyNew York Supreme Court · 1910
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