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.