Farleigh v. . Cadman
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 16, 1896, affirming a judgment entered upon a decision of the court on trial at Special Term, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The deposit of the money in the bank in the name of Wm.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 16, 1896, affirming a judgment entered upon a decision of the court on trial at Special Term, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The deposit of the money in the bank in the name of Wm. J. Cadman, in trust, for plaintiff was a valid and sufficient declaration of trust, and passed the title to the deposits, Cadman constituting himself „a trustee. His retention of the…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action to recover certain moneys that came to the hands of the defendant and which were claimed by the plaintiff as a trust fund created for her benefit. The facts are undisputed, and the controversy from the beginning involved questions of law only.
When the plaintiff was a child, three or four weeks old, she was taken into the family of the defendant’s father, William J. Cadman. Although never legally adopted she was treated by him and his wife as their own child, and was cared for and educated in the same manner. The plaintiff supposed that they were her real…
2Cases cited7 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Martin v. . FunkNew York Court of Appeals · 1878
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Mabie v. . BaileyNew York Court of Appeals · 1884
- Cunningham v. . DavenportNew York Court of Appeals · 1895
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3Cited by32 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Gannon v. . McGuireNew York Court of Appeals · 1899
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
- Jones v. NicholasSupreme Court of Iowa · 1911
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