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Jaffe v. Weld

Max Jaffe Et Al., Appellants, v. Stephen M. Weld Et Al., Respondents

Jaffe v. Weld, 102 N.E. 1104 (N.Y. 1913)
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Subsequent history: aff'd sub nom. Knauth, Nachod & Kuhne v. Latham & Co., 242 U.S. 426 (1917). (read from the later opinion; check before relying)

Court
New York Court of Appeals · State Highest Courts
Decided
April 29, 1913
Citations
102 N.E. 1104208 N.Y. 5931913 N.Y. LEXIS 1189
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 7, 1913, which affirmed an order of Special Term denying plaintiffs’ motion for judgment on the pleadings and sustaining demurrers to the complaint in an action to impress a trust upon certain merchandise. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Order affirmed, with costs, and question certified answered in the negative. There can be no doubt of the rule that funds obtained by fraud may be followed through however many transmutations of form they may have passed so long as the rights of a third party for value and in good faith do not intervene; but this complaint, though prolix to a degree not easy to characterize, is so replete with hypothetical and alternative allegations that it is not possible on any reasonable interpretation to spell out any direct allegation that the *594 money obtained from these plaintiffs did in fact pass into the cotton upon which it is sought to impress a trust; no opinion.

Concur: Cullen, Ch. J., Gray, Werner,' Hiscock, Collin and Cuddeback, JJ.; Miller, J., takes no part.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 31917: 21919: 11921: 21983: 119162026peak 1916 · 3

Relies on it most ⓘ

  1. Jaffe v. Weld116 N.E. 73 (N.Y. 1917)
  2. Leibowits v. Leibowits93 A.D.2d 535 (1983) · Concurrence
  3. In re Bank of Cuba198 A.D. 733 (1921)
  4. Knauth, Nachod & Kuhne v. Latham & Co.242 U.S. 426 (1917)
  5. Legniti v. Mechanics & Metals National Bank186 A.D. 105 (1919)
  6. Schafuss v. Betts94 Misc. 463 (N.Y. Sup. Ct. 1916)

Most recent

  1. Leibowits v. Leibowits93 A.D.2d 535 (1983) · Concurrence
  2. In re Bank of Cuba198 A.D. 733 (1921)
  3. Weideman v. Newton Arms Co.271 F. 302 (2d Cir. 1921)
  4. Legniti v. Mechanics & Metals National Bank186 A.D. 105 (1919)
  5. Jaffe v. Weld116 N.E. 73 (N.Y. 1917)
  6. Knauth, Nachod & Kuhne v. Latham & Co.242 U.S. 426 (1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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