Legal Opinion

In re the Final Judicial Settlement of the Account of Proceedings of Haines

New York Surrogate's Court

Decided October 15, 1922PublishedCited by 5 opinions

1Opinion of the Court

Slater, S.

In 1881 the testator’s son Theodore became indebted to him by virtue of two certain notes, one for $150, payable one year after date with interest, and the other for $1,000, with interest and without a due date. The common law relating to notes applies. Both are demand notes and carry interest from their dates. The smaller one was negotiable, the other was nonnegotiable at its date. The transaction was not an advancement, a gift which does not carry interest, but an every-day loan of money. No evidence was offered, save the notes themselves. They contain no indorsement of interest…

2Cases cited8 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In Re the Will of BumpNew York Court of Appeals · 1922
  3. Bean v. . TonneleNew York Court of Appeals · 1884
  4. Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
  5. Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by5 opinions

  1. Quirk v. EvansNew York Supreme Court · 1982
  2. In re the Will of HartNew York Surrogate's Court · 1945
  3. Young v. GerosaAppellate Division of the Supreme Court of the State of New York · 1960
  4. Gulf, Colorado & Santa Fe Railway Co. v. McBrideTexas Supreme Court · 1958
  5. In re the Estate of RileyNew York Surrogate's Court · 1952

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