Wintermeyer v. Sherwood
New York Supreme Court
Appeal from judgment on report of referee. Action by Bernard Wintermeyer against Mary E. Sherwood, as executrix of the will of Henry A. Sherwood, deceased. From a judgment in favor of plaintiff, "defendant appeals. Reversed.
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Appeal from judgment on report of referee. Action by Bernard Wintermeyer against Mary E. Sherwood, as executrix of the will of Henry A. Sherwood, deceased. From a judgment in favor of plaintiff, "defendant appeals. Reversed. This action was begun November 18, 1891, to recover $1,445, with interest from June 1, 1890, alleged to have been paid out by the plaintiff at the request and for the benefit of defendant’s testator between January 1, 1890, and June 1, 1890; and $3,921.32, with interest from May 17, 1890, alleged to have been loaned by the plaintiff to defendant’s testator between January…
1Opinion of the CourtFollett, J.
The plaintiff’s second cause of action embraces 29 independent items for money loaned on different dates, every one of which is contained in claim No. 1, Exhibit C, presented by the plaintiff to the defendant in September or October, 1890. This claim also included a promissory note for $500, given by the testator to some person other than the plaintiff (which he had acquired), and other items not embraced in claim No. which was *450tembér 30, 1891. It is undisputed that in October or November, 1890, the defendant offered to pay the note, and afterwards did pay' it, but refused to pay the other…
2Cases cited3 opinions
- Selover v. . CoeNew York Court of Appeals · 1875
- Field v. . FieldNew York Court of Appeals · 1879
- Salomon v. HeichelNew York Surrogate's Court · 1885
3Cited by1 opinion
- Miller v. EwingOhio Supreme Court · 1903