SMITH v. DRISCOLL


69 A.D.2d 857 (1979)

Ruth Smith et al., as Executrices of Victor W. Hauschild, Deceased, Appellants, v. John T. Driscoll, Respondent, et al., Defendant

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

April 16, 1979


Order reversed, with $50 costs and disbursements, and motion denied.

By their complaint, plaintiffs allege that on or about December 7, 1971, defendant Gerald H. Cahill converted the sum of $10,000 from the bank account of the estate of Victor W. Hauschild, for which Cahill was the attorney. The money was deposited by Cahill in the checking account of defendant John Driscoll, as a loan. Plaintiffs seek to impose a constructive trust on funds in the possession of Driscoll...

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