Legal Opinion
Arkport State Bank v. Nutter
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 1953PublishedCited by 8 opinions
1Per curiam
This action against the executrix of the decedent’s estate is for the recovery of a balance of unpaid principal and interest upon a promissory note dated January 3, 1929, for $12,500 payable upon demand “with Int ”. The amount of principal unpaid on the note is $517. Upon the trial the court directed a verdict for such sum plus accrued interest amounting in all to $7,286.02.
The plaintiff must rely upon a payment on principal of $182.92 made by the decedent on January 26, 1945, to toll the Statute of Limitations. Proceeds from the sale by plaintiff of collateral and credited against the debt…
2Cases cited4 opinions
- Crow v. . GleasonNew York Court of Appeals · 1894
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- Shepard v. . City of New YorkNew York Court of Appeals · 1915
- In re the Accounting of Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1945
3Cited by8 opinions
- Lew Morris Demolition Co. v. Board of EducationNew York Court of Appeals · 1976
- Buckley v. CommissionerUnited States Tax Court · 1962
- Donovan v. BurkowskiAppellate Division of the Supreme Court of the State of New York · 1976
- Arkport State Bank v. NutterAppellate Division of the Supreme Court of the State of New York · 1954
- Jones v. JonesDistrict Court, S.D. New York · 1965
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