SCHEUER v. SCHEUER


308 N.Y. 447 (1955)

Helen Scheuer, Appellant, v. Clemens Scheuer, Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1955


Attorney(s) appearing for the Case

Nathaniel H. Brower for appellant.

Gilbert J. Fortgang for respondent.

CONWAY, Ch. J., DESMOND, VAN VOORHIS and BURKE, JJ., concur; DYE and FROESSEL, JJ., concur in the result only.


FULD, J.

Helen and Clemens Scheuer, wed some 20 years ago, have been living apart since 1951. By this action, commenced in that same year, plaintiff wife seeks to impress a constructive trust in her favor on a house purchased by the husband in his own name, which, she claims, was paid for in part with her money.

According to plaintiff, she entered into an oral agreement with her husband in 1938, whereby...

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