Summary
In Westphal the court refers to the attorney-client, principal and agent, husband and wife as confidential relationships where constructive trusts may be imposed, recognizing that "there may be others."
Summary of this case from Hunter v. HunterOpinion
Argued April 20, 1953
Decided May 28, 1953
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
E. Douglas Hamilton and John G. McCarthy for United Newspaper Magazine Corporation and another, appellants.
W. Clyde O'Brien and Richard L. Turner for Gannett Co., Inc., appellant.
Samuel Wollan for respondent.
Order affirmed, with costs. Questions certified answered in the affirmative. No opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, FULD and FROESSEL, JJ. DYE, J., dissents and votes for reversal and dismissal of the complaint on the ground that the complaint fails to establish a reasonable basis for holding the article defamatory as to this plaintiff, failing which no issue is presented for determination by a jury.