Jaffe v. . Weld
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1913, which affirmed an order of Special Term denying plaintiffs’ motion for judgment on the pleadings and sustaining demurrers to the complaint in an action to impress a trust upon certain merchandise. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ”
1Opinion of the Court
Order affirmed, with costs, and question certified answered in the negative. There can be no doubt of the rule that funds obtained by fraud may be followed through however many transmutations of form they may have passed so long as the rights of a third party for value and in good faith do not intervene; but this complaint, though prolix to a degree not easy to characterize, is so replete with hypothetical and alternative allegations that it is not possible on any reasonable interpretation to spell out any direct allegation that the money obtained from these plaintiffs did in fact pass into…
2Cited by9 opinions
- In re Bank of CubaAppellate Division of the Supreme Court of the State of New York · 1921
- Knauth, Nachod & Kuhne v. Latham & Co.Supreme Court of the United States · 1917
- Jaffe v. . WeldNew York Court of Appeals · 1917
- Legniti v. Mechanics & Metals National BankAppellate Division of the Supreme Court of the State of New York · 1919
- Schafuss v. BettsNew York Supreme Court · 1916
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