Legal Opinion
Cole v. . Andrews
New York Court of Appeals
Decided November 10, 1903PublishedCited by 2 opinions
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1903, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Parker, Ch. J.
This action was brought by the executors of Christopher Swezey against the - administratrix with the will annexed of his son, Frank E. Swezey, to recover moneys furnished to the latter by his father. Plaintiffs’ claim rests on the following instrument:
“ I, Frank E. Swezey, a son of Christopher Swezey, hereby acknowledge that at this date I am indebted to him in the sum of $2,961 advanced to me by him between March 1,1893, and November 14, 1893. I hereby agree that the same shall be charged against any portion of the estate of Christopher Swezey that may fall to me under any will…
2Cited by2 opinions
- In Re the Accounting of Central Trust Co.New York Court of Appeals · 1935
- In re the Accounting of LinkerAppellate Division of the Supreme Court of the State of New York · 1962