Melonson v. Dolan

Appellate Division of the Supreme Court of New York

Melonson v. Dolan

214 A.D. 821

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1925·Published·Cited by 1 cases

Opinion

Judgment affirmed, with costs. We find as an additional conclusion of law that there was a valid resulting trust in favor of the plaintiff which was not disaffirmed by her deceased sister up to the time of the latter’s death. The plaintiff actually occupied the premises until 1918, and was in possession until the death of Miss Grace in 1924. Under these circumstances the Statute of Limitations did not run against plaintiff’s cause of action. (Reitz v. Reitz, 80 N. Y. 538.) No opinion. Kelly, P. J., Jaycox, Kelby and Kapper, JJ., concur; Young, J., absent and not voting.

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Judgment affirmed, with costs. We find as an additional conclusion of law that there was a valid resulting trust in favor of the plaintiff which was not disaffirmed by her deceased sister up to the time of the latter’s death. The plaintiff actually occupied the premises until 1918, and was in possession until the death of Miss Grace in 1924. Under these circumstances the Statute of Limitations did not run against plaintiff’s cause of action. (Reitz v. Reitz, 80 N. Y. 538.) No opinion. Kelly, P. J., Jaycox, Kelby and Kapper, JJ., concur; Young, J., absent and not voting.

Melonson v. Dolan, 214 A.D. 821 (N.Y. Ct. App. 1925).

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Opinion

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