Kaplon v. Chase

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[A] constructive trust is an equitable remedy which provides relief from a fraud or breach of confidence.”
• Even where a property is originally acquired in the absence of fraud toward the beneficial owner, a constructive trust will be imposed where “it is against equity that it should be retained by him who holds it.”
• “function of the Court of Appeals is to review possible errors made by the trial court, but if the trial court had no opportunity to rule on the question, there is no alleged error for this court to review.”
• fact that two children had advanced $38,000 to their mother to purchase home “in return for a promise that the children would share a joint beneficial interest in the house” justified imposition of constructive trust against stepfather following mother’s death

Source: CourtListener parenthetical corpus (CC0).