In re the Estate of Crea
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Decree, insofar as appealed from, unanimously modified on the law and facts in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: Properly treating the indebtedness owed by respondent as representing money owed on a sale of goods the parties may show the terms of the oral agreement between respondent and testator relating to such indebtedness including price, terms of payment and dates for such payment, since complete delivery of the goods took the sale out of the statute. (Personal Property Law, § 85, subd. 1, par. [b]). Even though the terms of…
2Cases cited2 opinions
- In re the Construction of the Will of HallockNew York Court of Appeals · 1955
- John Thallon & Co. v. Edsil Trading Corp.New York Court of Appeals · 1951
3Cited by2 opinions
- Transammonia Export Corporation, Cross v. Conserv, Inc., CrossCourt of Appeals for the Fifth Circuit · 1977
- In re the Estate of AckertNew York Surrogate's Court · 1977