Bender v. Bender
New York Supreme Court
Appeal from special term, Albany county. Action by Jessie H. Bender against Harry H. Bender, as administrator of Franklin W. Bender, deceased. From an order denying a motion for a bill of particulars, defendant appeals.
Read the full summary
Appeal from special term, Albany county. Action by Jessie H. Bender against Harry H. Bender, as administrator of Franklin W. Bender, deceased. From an order denying a motion for a bill of particulars, defendant appeals. The instrument sued on is as follows: Whereas, I, the undersigned, Franklin W. Bender, am indebted to W. Howard Bender in the sum of one thousand dollars from March 1st, 1881: Now. for securing the amount so due him, together with interest thereon, I, the said Franklin W. Bender, do hereby sell, assign, transfer, and convey unto the said W. Howard Bender sufficient of the…
1Opinion of the CourtFursman, J.
This action is brought upon a sealed instrument, a copy of which is fully set out in the complaint The instrument is signed by the defendant’s intestate. In it he acknowledges an indebtedness of $1,000 to the plaintiff’s assignor, and assigns to him sufficient of the moneys or property to which he may be. entitled out of Ms father’s estate at Ms death to pay that sum, with interest, and directs the executors or administrators (as the case may be) to pay the same, and charge such payment against his portion of such estate. The complaint avers the death of the father, leaving a last will, and…
Also in this document: Concurrence.
2Cases cited4 opinions
- Talbert v. StorumNew York Supreme Court · 1893
- Fry v. Manhattan Trust Co.The Superior Court of the City of New York and Buffalo · 1893
- Husson v. OppenheimerNew York Supreme Court · 1892
- Mertage v. BennettThe Superior Court of the City of New York and Buffalo · 1891
3Cited by3 opinions
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- Bailey v. MayerNew York Supreme Court · 1907
- Gordon v. WilliamsNew York Supreme Court · 1917