Legal Opinion

Moloney v. Tilton

New York Supreme Court

Decided November 15, 1897PublishedCited by 3 opinions

Action to have it declared that the defendant holds certain property impressed with a trust, and to require him to transfer the . same to a trustee to be appointed by the court.

1Opinion of the CourtBeekman, J.

On or about April 28, 1864, one Matthew S. Moloney purchased from one Philip Milspaugh the premises known as No. 81 Amity street in this city. Immediately upon the delivery of the deed which bears the' above date, Moloney executed a declaration of trust with respect to said property, out of which this controversy arises. The instrument bears even date with the deed from Milspaugh, and recites that conveyance. By its terms Moloney declares that in consideration of the sum of $6,500 to him in hand paid, it is not stated by whom, the receipt of which he acknowledges, and for divers other good…

2Cases cited2 opinions

  1. Martin v. . FunkNew York Court of Appeals · 1878
  2. Cunningham v. . DavenportNew York Court of Appeals · 1895

3Cited by3 opinions

  1. Whiting v. MillerAppellate Division of the Supreme Court of the State of New York · 1919
  2. Isenberg v. RainierAppellate Terms of the Supreme Court of New York · 1911
  3. Weidenfeld v. Pacific Improvement Co.District Court, E.D. New York · 1920

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