Pincus v. Davis

Plaintiff brought this action against the executor of his deceased brother’s estate to recover upon a claim which had been disallowed by the defendant.

Adolph Pincus died on January 17, 1930. His will was admitted to probate. The first notice to creditors was published on March 1, 1930, requiring claims to be presented within ten months thereafter. Within the time limit of this notice plaintiff presented his claim to the defendant, who disallowed it on December 9, 1930.

Plaintiff alleged in his complaint that in the year 1916 he and his brother entered into a copartnership for the purchase and…