Legal Opinion

In re the Estate of Schem

New York Surrogate's Court

Decided December 30, 1935Published

1Opinion of the Court

Henderson, S.

In this discovery proceeding the respondent admits possession of the two certificates of corporate stock and the decedent’s ownership thereof, but alleges in his answer that the decedent delivered them to him “ as security for monies loaned by respondent to decedent representing drawings advanced to decedent in excess of his earnings while employed by respondent, and which decedent agreed to repay.” He also alleges “ that during the years 1929, 1930, 1931, 1932, 1933 and 1934 decedent’s overdrawings amounted to $994.76 which sum is now due and owing respondent and no part of…

2Cases cited5 opinions

  1. North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
  2. Carter v. BradleeAppellate Division of the Supreme Court of the State of New York · 1935
  3. Pease Piano Company v. . TaylorNew York Court of Appeals · 1921
  4. Hollender v. FriedenbergNew York Supreme Court · 1908
  5. Educational Films Corp. v. International Film Service Co.New York Supreme Court · 1927

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