Claim of Botti v. Estate of Horton

Appeal from decree of Surrogate’s Court, Orange county, allowing a claim against an estate in the sum of $232.40 for the value of the delivery of a newspaper to decedent from 1918 to 1936. Decree reversed on the law and the facts, without costs, and matter remitted to the Surrogate’s Court for a new hearing. The Statute of Limitations was not rendered inapplicable by reason of the purported proof with respect to part payment on account. While the books of account were properly received in evidence (Mantha Co., Inc., v. DeGraff, 242 App. Div. 666; affd., without opinion, 266 N. Y. 581), such…