Ferris v. . Van Vechten
New York Court of Appeals
Appeal from judgment of the General Term of. the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Beported below, 9" Hun, 12.) The complaint in this action alleged in substance that plaintiff, during the life-time of Eliza Elmcndorf, commenced an action against her which was pending at her death.
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Appeal from judgment of the General Term of. the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Beported below, 9" Hun, 12.) The complaint in this action alleged in substance that plaintiff, during the life-time of Eliza Elmcndorf, commenced an action against her which was pending at her death. That she died in 1858, leaving a will by which defendant Van Vechten and one Brodhead were appointed executors; that by the will a power of sale was given to the executors to sell sufficient of…
1Opinion of the CourtAllen, J.
This is, I think, a case of the first impression, but it is sought to be brought within the principle of equity by which, at the instance of a cestui que trust, trust funds which have been misappropriated by the trustee may be followed and reclaimed, so long as they can be traced and identified, and any property or choses in action into which they have been converted impressed with the same trusts as those upon which the original funds were held.
The claim of the plaintiff briefly stated is, that moneys realized from real estate sold under a power of sale for the payment of debts, and held by…
2Cited by47 opinions
- Wendt v. FischerNew York Court of Appeals · 1926
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Russell v. . McCallNew York Court of Appeals · 1894
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1886
- In Re the Accounting of HicksNew York Court of Appeals · 1902
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