Smith v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Emily C. Smith, as executrix, etc., of Emily C. Smith, deceased, and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 24th day of February, 1898, upon the report of a referee.
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Appeal by the plaintiffs, Emily C. Smith, as executrix, etc., of Emily C. Smith, deceased, and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 24th day of February, 1898, upon the report of a referee. The defendant was appointed the assignee of the plaintiff George B. Smith, in trust for the benefit of his creditors, December 9, 1884, and at once entered upon the performance of the trust. Included in the property committed to him as assignee was a flouring mill at Honeoye Falls, in Monroe…
1Opinion of the Court
Spring, J.:
It may be assumed that Hamilton, in purchasing this property, was acting in antagonism to his trusteeship. This did not render the sale void. The title was vested in him absolutely, subject to repudiation by the parties interested in the estate intrusted to him. They alone could assail it. (Read v. Knell, 143 N. Y. 484.)
It was not incumbent upon them to show actual fraud to impeach *19the validity of the deed to the defendant. Their cause of action is based upon the act of defendant in making the purchase in contravention of his fiduciary relation. (Yeoman v. Townshend, 74 Hun, 625.)
Th…
2Cases cited10 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Mason v. . HenryNew York Court of Appeals · 1897
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Hubbell v. . MedburyNew York Court of Appeals · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pitcher v. SuttonAppellate Division of the Supreme Court of the State of New York · 1933
- Hifler v. Calmac Oil & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- Cahill v. SeitzAppellate Division of the Supreme Court of the State of New York · 1904
- Chorrmann v. BachmannAppellate Division of the Supreme Court of the State of New York · 1907
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1956
3 more not listed; retrieve them via the Exa API.