Legal Opinion
Rositzke v. Meyer
New York Supreme Court
Decided May 15, 1916Published
Action to compel accounting by executor.
1Opinion of the CourtYoung, J.
The only , theory upon which this action can be maintained is as an action for an accounting by George William Meyer as executor of Sophie Meyer, of the estate of John N. Meyer of which she was the executrix.
Notwithstanding considerable confusion in the allegations of the complaint, sufficient appears and is supported by the proof to sustain such an action.
The evidence given upon the trial satisfactorily shows that on or about July 1, 1895, John N. Meyer borrowed $3,000 from John and Nicholas Tiedeman, residing in Germany, and gave to them a memorandum *358of indebtedness -therefor. Subsequently,…
2Cases cited7 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Atlantic Nat. Bank of N.Y. v. . FranklinNew York Court of Appeals · 1873
- In Re the Accounting of GallNew York Court of Appeals · 1905
- Holly v. . GibbonsNew York Court of Appeals · 1903
- Claim of Clark v. Estate of HylandAppellate Division of the Supreme Court of the State of New York · 1903
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