Parker v. Furlow Development Co.

The motion to dismiss the complaint is made upon two grounds both of which require discussion. The action is by one of three executors of the late Kingdon Gould. The complaint alleges that the deceased “ advanced ” to defendant corporation a certain sum of money and it seeks the recovery of that sum. The question is what is meant by “ advance ” in the sense that it is used in the complaint. The word has had judicial definition in the construction of wills (Matter of Altman, 6 N. Y. S. 2d 972; Matter of Moran, 136 Misc. 615). But there the inquiry was what the testator meant under the…