concluding that constructive trust was inappropriate when a bank did not require security for a loan or obtain a potential joint tenant’s signature on the promissory note
How later courts described this case
- concluding that constructive trust was inappropriate when a bank did not require security for a loan or obtain a potential joint tenant’s signature on the promissory note
- finding of equitable mortgage inappropriate when document conclusively states that it is an unsecured loan
- when the real nature of the transaction is that of a loan advanced upon the security of realty it will be treated as an equitable mortgage without regard to the actual form of the instrument of conveyance
- “[U]njust enrichment claims do not lie simply because one party benefits from the efforts or obligations of others, but instead it must be shown that a party was unjustly enriched in the sense that the term unjustly could mean illegally or unlawfully.”
Written by the judges who cited it.
The opinion
SHERAN, Chief Justice
(dissenting).
I join in the dissent of Justice Yetka.