Frischling v. Schrank

In an action to recover upon an undated check for $25,000, signed by the plaintiff’s deceased brother and delivered to the plaintiff, the defendants, as executors of the decedent’s last will and testament, appeal from a judgment of the Supreme Court, Queens County, entered May 11, 1964 upon the court’s oral decision after a nonjury trial, which awarded $25,000 to the plaintiff, with costs and with interest from June 30, 1957. Judgment reversed on the law and the facts and in the exercise of discretion, and new trial granted, with costs to abide the event. The findings of fact implicit in the…