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Tag Archives: Constructive Trust

Tort/Negligence – Conversion – Funds – Bona Fide Purchaser – Tracing Funds – Constructive Trust – No Fiduciary Relationship – Other Circumstances (access required)

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Where plaintiff claims the defendant-lender converted funds that plaintiff transferred to the defendant-borrower, the court holds that funds transferred electronically may be sufficiently identified through evidence of the specific source, specific amount, and specific destination of the funds in question.

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Domestic Relations – Separation Agreement – Court Orders – Trusts & Estates – Husband’s Will – Tort/Negligence – Constructive Trust (access required)

MacMillan v. MacMillan A decedent’s first wife has stated a claim for a constructive trust against the decedent’s widow when the first wife alleges that the decedent was under court order to leave her $38,000 but he arranged his finances so that his widow received the money instead.

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Trusts & Estates – Civil Practice – Statute of Limitations – Incompetent Adult – Appointment of Guardian – Real Property – Constructive Trust (access required)

Estate of Formyduval v. YeddoEven though plaintiffs’ decedent was allegedly incompetent when she transferred property to defendants during the 1990’s, since the decedent was declared incompetent on Aug. 13, 1999 and a guardian was appointed for her on Sept. 3, 1999, the statute of limitations on plaintiffs’ constructive trust claim began running on Sept. 3, 1999.

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Domestic Relations – Consent Order – Parent & Child – Death Benefits – Constructive Trust (access required)

Myers v. Myers A consent order’s requirement that the decedent-father name his third son as a 33 percent beneficiary of the “death benefits” from his employment unambiguously referred not only to the decedent’s life insurance but also to his retirement accounts. We affirm the imposition of a constructive trust on the death benefits from the decedent’s retirement accounts for the benefit of his youngest son, Travis.

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Tort/Negligence – Conversion – Money – Exact Funds – Constructive Trust – No Fiduciary Relationship (access required)

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC In the parties' agreement for defendant Salem Logistics to audit plaintiff's freight bills, plaintiff did not specify that Salem was required to pay plaintiff's carriers with the same exact funds that plaintiff transferred to Salem. In fact, plaintiff's witnesses said it would have been fine for Salem to pay plaintiff's carriers out of Salem's general funds. Therefore, plaintiff failed to show that Salem accepted the payments with the intent to redeliver the exact funds.

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Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship (access required)

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

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