Molera v. Cooper
173 Cal. 259 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a mere promise by a debtor to her creditor to obtain money in the future and hold it in trust for a third party does not create a valid trust or effect a novation, as it lacks both a present property interest to serve as the trust res and the requisite consent of all parties necessary to extinguish the original obligation.
Statutes construed
- CIV § 1504
- CIV § 1698