TOWNER v. BERG


5 A.D.2d 481 (1958)

Wilbur Towner, Respondent, v. Richard A. Berg, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 27, 1958.


Attorney(s) appearing for the Case

Norman J. French for appellant.

Ralph S. Cramer for respondent.

FOSTER, P. J., BERGAN and COON, JJ., concur.


GIBSON, J.

Plaintiff has had judgment that defendant holds title to certain real property upon a constructive trust for the benefit of plaintiff. Accordingly, the judgment directs that, upon plaintiff's procuring satisfaction of a mortgage upon which defendant is liable, defendant convey to plaintiff legal title to the premises. Defendant appeals, asserting that the evidence was insufficient to invoke the remedy...

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