Walbaum v. Heaney
Appellate Division of the Supreme Court of the State of New York
Appeal by the’ defendants, Mary J. Heaney and -another, as executors, etc., of Arthur J.. Heaney, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of June, 1904, upon the verdict of á jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day- of Jiine, 1904, denying the defendants’ motion for a new trial made upon the…
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Appeal by the’ defendants, Mary J. Heaney and -another, as executors, etc., of Arthur J.. Heaney, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of June, 1904, upon the verdict of á jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day- of Jiine, 1904, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
j This action is brought to recover the sum of $2,000, together with interest thereon, alleged to have been loaned to the defendants’ testator by the plaintiff. The complaint avers that the plaintiff loaned ánd advanced to Arthur J. Heaney, deceased, the sum of $2,000 upon the 26th and 28th days of September, 1900, which the deceased promised to repay upon demand with interest; that the *413said Heaney died in the month of December, 1901, leaving a will, , and that the defendants have duly qualified as executors thereunder," that Heaney did not repay the loan during his lifetime,…
2Cases cited3 opinions
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Van Slooten v. WheelerNew York Court of Appeals · 1893
- Hughes v. DavenportAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Scheu v. BlumAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Voluntary Judicial Settlement of the Account of Proceedings of NelsonNew York Surrogate's Court · 1909
- In re the Judicial Settlement of the Estate of MilliganAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Estate of SergantNew York Surrogate's Court · 1909
- In re MaraNew York Surrogate's Court · 1911