husband is merely t S.2d 949 (Sup.Ct.1967) (requiring that rent decontrol of apartment, premised on occupancy by "owner,” be decided by reference to actual owner, not owner of record); cf. Roberts v. Ely, 20 N.E. 606, 607-08, 113 N.Y. 128, 131-32 (Ct.App.1889) (describing “action for money had and received to the use of another” that arises "[w]henever one person has in his possession money which he cannot conscientiously retain from another,” and noting that “[i]t is immaterial, also, whether the original possession of the money by the defendant was rightful or wrongful. It is sufficient that the duty exists on his part, created by the circumstances, to account for and pay it over to the plaintiff.”). But see Palamone v. Newark Ins. Co., 74 Misc.2d 586, 345 N.Y.S.2d 269 (Sup.Ct.1973) (<HOLDING>). The doctrine of the resulting trust provides
holding that a judges infringement of an important public policy is grounds for aggravation holding insurer of automobiles owner of record liable despite wellfounded denial of true ownership on public policy grounds holding similar agreement void on public policy grounds holding insurer not liable for misrepresentation based solely on general statement that policy was adequate or sufficient holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue