Schoelles v. Zausmer

In an action for money loaned to respondents, the appeal is from an order granting a motion under section 190-a of the Civil Practice Act to remove said action to the Surrogate’s Court, Nassau County. Order reversed, with $10 costs and disbursements, and motion denied, without costs. It appears from the complaint that respondents are also executors of a decedent’s estate. The amended answer alleges that the loans were made under an agreement that the estate would be liable for payment thereof and that the estate has made payment to the appellant. It further appears that two other proceedings…