In re the Estate of Isaacs

S. Samuel Di Falco, S.

This is a motion in the pending accounting proceeding for summary judgment on a claim by a physician for $3,000, the balance allegedly due him for medical services. During the last year of this decedent’s life, bills were regularly rendered by the claimant and all charges except $3,000 were paid. The decedent died on April 30, 1955. On May 31 the claimant sent to the “ Estate ” a bill for services from April 1 to April 30 in the sum of $5,000. It is not disputed that on June 6 a check was drawn by the executrix to the order of the claimant bearing this indorsement: ‘ ‘…