de Cordova v. Sanville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Evelyn de Cordova, as executrix and trustee, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1915, as grants unconditionally defendant’s motion for a bill of particulars, and fails to provide for the examination of the defendant before trial.
1Opinion of the Court
Scott, J.:
This is an action by an executrix to recover the sum of $5,000 alleged to have been loaned to defendant by the testator in his lifetime. The case has already been through this court on appeal from an order overruling a demurrer to the complaint. (165 App. Div. 128.) As the complaint then stood the plaintiff merely alleged, in addition to the formal matters, that decedent in his lifetime gave to defendant the sum of $5,000, and that said testator did not at that time owe defendant any money, and was not indebted to defendant in any sum. Her theory was that these facts, if…
2Cases cited3 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1914
- Hill v. BloomingdaleAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Burke v. BrownNew York Supreme Court · 1943
- de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1917