New York Court of Appeals· 7/11/1978

Simonds v. Simonds

Citations

45 N.Y.2d 233
380 N.E.2d 189
408 N.Y.S.2d 359
1978 N.Y. LEXIS 2138

How courts have described this case

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

holding that a defendant may be sued for unjust enrichment so long as the defendant is not a bona fide purchaser because \[i]nnocent parties may frequently be unjustly enriched\
noting that although the factors for finding a constructive trust are useful, the constructive trust doctrine is “not rigidly limited”
“Although the [four] factors are useful in many cases constructive trust doctrine is not rigidly limited____ ‘A constructive trust will be erected whenever necessary to satisfy the demands of justice’ ”
“[Inability to trace plaintiffs equitable rights precisely should not require that they not be recognized, much as in the instance of damages difficult to prove.”
“A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not.”
“A bona fide purchaser of property upon which a constructive trust would otherwise be imposed takes free of the constructive trust, but a gratuitous donee, however innocent, does not.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breitel

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Cited by

320 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

Other cases named Simonds v. Simonds

14 other CourtListener records share this case name.

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