Legal Opinion

Van Cleef v. Maxfield

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 1921PublishedCited by 6 opinions

Appeal by the defendant, Charles M. Maxfield, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of June, 1920, on the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term.

1Opinion of the Court

Mills, J.:

The action was brought by the plaintiff administrator to recover from the defendant sixteen alleged loans by decedent to him between October, 1911, and April, 1915, aggregating the sum of $32,081, with interest. The defendant’s second amended answer, upon which the case went to trial, admitted that he,. defendant, received from the decedent the said several sums of money, but alleged that the same were gifts and not loans, and further that thereafter the decedent gave them to him, meaning apparently that subsequently she forgave him the several debts. At the end of the trial the…

2Cases cited2 opinions

  1. Beaver v. . BeaverNew York Court of Appeals · 1889
  2. Doty v. . WillsonNew York Court of Appeals · 1872

3Cited by6 opinions

  1. In re the Estate of PastoreNew York Surrogate's Court · 1935
  2. In re the Accounting of BergmannNew York Surrogate's Court · 1951
  3. Miller v. HerzfeldCourt of Appeals for the Third Circuit · 1925
  4. In re the Estate of SteinNew York Surrogate's Court · 1966
  5. Spanierman v. SpaniermanCivil Court of the City of New York · 1971

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