Randall v. Constans (1885)
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See All Saints Parish, Waccamaw v. Protestant Episcopal Church in the Diocese of South Carolina, 358 S.C. 209, 234 , 595 S.E.2d 253, 267 (2004), reh’g denied (Apr. 23, 2004), cert. denied, (July 8, 2005)(reversing the grant of summary judgment because there was a genuine issue of material fact as to whether the plaintiff repudiated the trust); see also Demoulas v. Demoulas, 1993 WL 818620 , *11 (Mass.Super.Oct.4, 1993)(ruling that whether the statute of limitations on a resu…
“As respects the statute of limitations [on a resulting trust claim], or the effect of lapse of time, these are questions which will more properly arise upon the trial of the issues of fact.”
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Nirdlinger v. Bernheimer (1890)
St., 6th Ed., p. 141, §§ 6, 7;) and under the provisions, an instrument of the nature of that executed between these two persons has been held to be valid and legally operative, (Cook v. Barr, 44 N. Y. 156 ,) and the same effect has been given to such instruments in the state of Minnesota, (Randall v. Constans, 33 Minn. 329, 333, 334 , 23 N. W.
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Shields v. Duggan (In Re Dartco, Inc.) (1996)
Id. (quoting Randall v. Constans, 33 Minn. 329 , 23 N.W. 530, 534 (1885).
Their purpose is to prevent the defendant’s unjust enrichment by recapturing the gains the defendant secured in a transaction.” (footnote omitted)); see also Randall v. Constans, 33 Minn. 329, 337-38 , 23 N.W. 530, 534 (1885) (holding that a plaintiff may seek restitution against a defendant who was unjustly enriched).
holding that a plaintiff may seek restitution against a defendant who was unjustly enriched