Leiser v. McDowell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Alice Sutcliffe McDowell and another, as executrices, etc., of Albert McDowell, deceased, from a judgment of the Supreme Court in-favor of the plaintiff, entered in the office of the clerk of the county of' Kings on the 2d day of November, 1901, upon the verdict of a jury rendered by direction of the court. The notice of appeal states that the defendants also appeal from the order directing the verdict. No such order, however, appears in the record.
1Opinion of the Court
Woodward, J.:
The plaintiff brought this action against the defendants as'execu-. trices, of the last will and testament of Albert McDowell, deceased, to recover the sum of $1,482.45, being a balance alleged to be due the plaintiff from defendants’ testator. The complaint alleges “ That prior to April 5, 1895, Albert McDowell was indebted to plaintiff upon a balance of account for money loaned to him; that on or about April 5, 1895, an account was taken and stated between plaintiff and said Albert McDowell, deceased; that upon such statement a balance of ($3,476.89) Thirty-four hundred…
2Cases cited2 opinions
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Champion v. . JoslynNew York Court of Appeals · 1871
3Cited by1 opinion
- Bowman v. TookerAppellate Division of the Supreme Court of the State of New York · 1951