Motz v. Motz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George Motz and another, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the'3d day of March, 1902, denying the defendants’ motion for a "new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
This is an action by an executrix to recover for moneys had and received from the testator, her husband. She testifies that the defendant Mary, the wife of the defendant George Motz, gave a writing to the testator in her presence and said it was for “ the $1,800 at 4 per cent.” The writing was found among the papers of the testator after his decease, and reads as follows :
“ College Point, L. I., Sept. 27, ’99.
“We the undersigned certify that we received from Mr. Jacob Motz $300 for one house and $1,500 for the other, making a total of $1,800, paying 4 per cent interest.
“ GEOEGE…
2Cases cited2 opinions
- Martin v. . HillenNew York Court of Appeals · 1894
- Corning v. . WalkerNew York Court of Appeals · 1885
3Cited by4 opinions
- Hickox v. Rogers, Admx.Ohio Court of Appeals · 1928
- Wernet v. KarutzAppellate Division of the Supreme Court of the State of New York · 1910
- Goehring v. DillardOhio Supreme Court · 1945
- Verbsky v. BurgerOhio Supreme Court · 1946