International Harvester Co. of America v. Champlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, S. J. Champlin and another, as executors, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 6th day of November, 1911, upon the réport of a referee. This case was transferred from the Fourth Department to the Third Department of the Appellate Division. (See 164 App. Div. 917.)
1Opinion of the Court
Kellogg, J.:
We cannot say that the findings of the referee are against the evidence. The reference was not prematurely made. The executors, having advertised for claims, the plaintiff presented a claim showing the indebtedness of the estate upon the promissory note, a copy of which was set forth. The defendants, doubting the justness of the claim, rejected it, and by stipulation dated October 24, 1910, the matter in controversy, viz., the justness of the claim, was, under section 2718 of the Code of Civil Procedure, referred. The order of reference was made and entered October 24, 1910;…
2Cases cited1 opinion
- Francisco v. FitchNew York Supreme Court · 1857
3Cited by1 opinion
- In re the Estates of SchinasiNew York Surrogate's Court · 1931