New York Court of Appeals

George Bork, Respondent v. Alexander Martin, Appellant

March 25, 1892132 N.Y. 280

Summary

The Court affirmed the judgment ordering the defendant to deliver the purchase-money he retained from the sale of five lots. It held that, although the land was conveyed under an oral trust invalid under the Statutes of Frauds, the trust of the proceeds was valid, making the defendant a trustee of personal property owed to the plaintiff. The Statute of Frauds cannot be used to shield the defendant from this fiduciary duty, and the plaintiff's claim for conversion stands.