Legal Opinion

Everingham v. Vanderbilt

New York Supreme Court

Decided July 1, 1876PublishedCited by 2 opinions

1Opinion of the CourtVan Vorst, J.

—Although the assignment of the seventeen leases by Gferrard W. Morris to James Humphrey, bearing date the 10th day of May, 1850, is by its terms absolute, and unaccompanied by any declaration in writing that the *178assignee took, or was to hold the same in trust, yet there is evidence which clearly establishes that he received and held the same in trust only. He was not the owner so as to dispose of the leases or.the rents to his own use, or on his own volition. It is quite clear that he, at least, held the leases as trustee for Buckley & Claflin; and there is evidence from which it maybe…

2Cases cited5 opinions

  1. Beck v. BurdettNew York Court of Chancery · 1829
  2. Innes v. LansingNew York Court of Chancery · 1839
  3. Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
  4. Loomis v. TifftNew York Supreme Court · 1853
  5. Christy v. LibbyNew York Court of Common Pleas · 1869

3Cited by2 opinions

  1. Malloy v. VanderbiltNew York Supreme Court · 1877
  2. Vanderbilt v. VanderbiltNew York Supreme Court · 1877

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