New Jersey Equity Reports Volume 92

New Jersey Equity Reports Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...was paid by his Amherst street property, or by the pro ceeds of its sale, and not from money or property belonging to Miss Klein. A careful consideration of the record convinces me that the announcement thus made was fully warranted, as it appears that, except for Lemberger's statement, there is no proof in the case, by checks, vouchers, bank books or accounts of the withdrawal or deposit in a bank, or other depository of $800, or any other amount of money, at or about the date named, by either Miss Klein or Lemberger. Nor is there any other evidence by Miss Klein, or any member of her family, to show that she ever had $800, or any other substantial sum of money, which she had saved from her earnings, or had obtained from any other source. Nor is there anything to show when and from whom Miss Klein obtained this $800, nor where she kept it, when and in what form she withdrew it, nor to show the time and place and form in which she paid it to Lemberger for the purchase of the Am herst street property, or for any other purpose. The absence of this proof, some, if not all, of which could be 'obtained, if the transaction was as Lemberger states, coupled with the unexplained failure of Miss Klein to testify, satisfies me that Lemberger's testimony is false, and that he has not given his true and actual reason for placing title to the Amherst street property, and, also, to the property in suit, in the name of Miss Klein. On behalf of Miss Klein it is contended that if these are the established facts, specific performance cannot be decreed, because there is no proof, in writing, as required by the statute of frauds, to establish an express trust in the property for the benefit of Lemberger. And this is so. It is more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236820630
  • 9781236820631