Miller v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gordon D. Miller, as executor, etc., from part of an' order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of March, 1911, and also from part of an .order entered on the 7th day of March, 1911, resettling the first order.
1Opinion of the Court
Scott, J.:
The defendant appeals from an order denying, in part, his motion for a bill of particulars. The plaintiff sues the executor of her deceased husband’s estate. She sues among other things upon two promissory notes and a check alleged to have been made by deceased in his lifetime, either to the order of plaintiff or to bearer, and delivered to her, each of which is also alleged to have been made for a valuable consideration. The defendant, who was the brother, of the deceased and his business partner, swears that he never heard of the notes and check until a claim was served upon him…
2Cited by2 opinions
- Herrington v. DavittNew York Supreme Court · 1912
- Thompson v. De VisserNew York Supreme Court · 1919