|
Benedict v. New York, 250 U.S. 321 (1919)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Benedict v. New York, 250 U.S. 321 (1919)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 250 U.S. 308, click here.
Benedict v. New York No. 315 Argued April 22, 1919 Decided June 2, 1919 250 U.S. 321
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
A suit against a city to enforce, as upon an express trust, an accounting of an improvement fund and liability for alleged breaches of trust in failing properly to conduct the sales of lands assessed for benefits and properly to apply the proceeds of such sales to the satisfaction of public improvement certificates, said suit not having been instituted until more than 17 years after definite repudiation of the alleged trust duties, and the efforts on behalf of the plaintiff having been meanwhile confined to the obtaining of a restraining order, which was never observed, and to the presentation of divers memorials and offers of compromise to the city authorities, held barred by laches, such a cause of action, in New York, being subject, if not to the six-year statute of limitations (Code Civ. Pro., § 382), then to the ten-year statute (id., § 388) governing bills for relief in cases of trust not cognizable by courts of common law. Pp. 325-327.
In case of an express trust, the statute begins to run when the trust is repudiated. Id.
Federal courts, in equity, are not bound by state statutes of limitations, but are ordinarily guided by them in determining their action on stale claims. Id.
247 F. 758 affirmed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Benedict v. New York, 250 U.S. 321 (1919) in 250 U.S. 321 250 U.S. 322. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QLBGZPLMJ3V2GFG.
MLA: U.S. Supreme Court. "Syllabus." Benedict v. New York, 250 U.S. 321 (1919), in 250 U.S. 321, page 250 U.S. 322. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QLBGZPLMJ3V2GFG.
Harvard: U.S. Supreme Court, 'Syllabus' in Benedict v. New York, 250 U.S. 321 (1919). cited in 1919, 250 U.S. 321, pp.250 U.S. 322. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QLBGZPLMJ3V2GFG.
|