In re Pirie
Appellate Division of the Supreme Court of the State of New York
Appeal by Raphael Krasnow from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 7th day of April, 1908.
1DissentWoodward, J.
(dissenting) :
I am unable to concur in the opinion of Mr. Justice Burr. The suggestion that the allegation of the petition that John T. Pirie is a creditor of the decedent to the amount of $325 and interest from December 17, 1896, is a mere conclusion, does not strike me as having force. It is clearly a statement of a fact. He says the decedent owes him the sum of $325 and interest from a certain date. What more can he do ? He is not obliged to plead his evidence, to say that he owes him $325 on a promissory note, and to set out the note; he complies with the requirement of section 481 of the…
2Cases cited8 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Tooley v. . BaconNew York Court of Appeals · 1877
- Byrnes v. PalmerAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of Application of HaxtunNew York Court of Appeals · 1886
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
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