Simons v. Steele
Appellate Division of the Supreme Court of the State of New York
Appeal from Judgment on Report of Referee. Action by William J. Simons and another, executors of Eleazer Jackson, deceased, against Sanford H. Steele, executor of Jacob Cohen, deceased. From a judgment on the report of a referee, plaintiffs appeal.
1Opinion of the CourtHatch, J.
This action is brought to recover a balance of $17,234.50, with interest, making an aggregate claim of upwards of $30,000, alleged to be due on account of moneys claimed to have been loaned by the plaintiffs’ testator to the defendant’s testator. There are no pleadings, the matter in controversy having been referred by consent under section 2718 of the Code of Civil Procedure. The plaintiffs, as executors, etc., of Eleazer Jackson, deceased, presented the claim' to the executor, etc., of Jacob Cohen, deceased. The claim consisted of an alleged irregular series of loans, commencing in the year…
2Cases cited3 opinions
- Vosburgh v. ThayerNew York Supreme Court · 1815
- Smith v. . RentzNew York Court of Appeals · 1892
- Rutherford v. SoopNew York Supreme Court · 1895