Cole v. Andrews
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Minnie E. Andrews (formerly Minnie E. Crary), as administratrix with the will annexed, etc., of Frank E. Swezey, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 23d day of December, 1902, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the sum of $2,961, alleged to have been loaned by plaintiffs’ testator to the defendant’s testator between the 1st of March, 1893, and the 14th of November, of the same year. The fact that defendant’s testator received from the plaintiffs’ testator the amount claimed between the times stated is not disputed, but the defendant claims that the plaintiffs ought not to recover because the same was not a loan but an advancement.
At the trial the only evidence adduced bearing on the subject was the following writing, conceded to have been executed by…
2Cited by2 opinions
- In Re the Accounting of Central Trust Co.New York Court of Appeals · 1935
- In re the Accounting of LinkerAppellate Division of the Supreme Court of the State of New York · 1962