Legal Opinion

Kincade v. Kincade

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1991PublishedCited by 158 opinions

1Opinion of the Court

In an action to recover moneys loaned, the defendants appeal from a judgment of the Supreme Court, Nassau County (Velsor, J.H.O.), entered January 23, 1990, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $34,856.64.

Ordered that the judgment is affirmed, with costs.

On or about November 15, 1973, the plaintiff loaned $38,000 to the two defendants, her son Charles Kincade III and his business partner, who used the money to purchase a home. The loan was secured by a bond and mortgage on the subject *511property. In August 1979, the defendants sold…

2Cases cited4 opinions

  1. Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  2. Barnet v. CannizzaroAppellate Division of the Supreme Court of the State of New York · 1957
  3. Citizens Savings & Loan Ass'n v. Proprietors InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
  4. Cari v. PastoreAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by158 opinions

  1. Murdock v. MurdockAppellate Division of the Supreme Court of the State of New York · 1992
  2. In re the Arbitration between McMahan & Co. & Dunn NewFund I, Ltd.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Two Guys From Harrison-NY v. S.F.R. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
  4. Tascone Slate Roofs, Inc. v. QuadrozziAppellate Division of the Supreme Court of the State of New York · 1992
  5. 103-55 97th St., LLC v. United Am. Tit. Co.Appellate Terms of the Supreme Court of New York · 2019

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