Gilbert v. Warren
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Alexander Gilbert and another, as executors of the estate of W. E. Clarkson, against Charles J. Warren and another. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendants appeal.
1Opinion of the CourtEumsey, J.
The action was brought upon an account stated, and practically admitted by the defendants. The defense, among other things, was that on the 1st day of January, 1883, Clarkson, plaintiffs’ testator, made an agreement with the defendants to loan them $50,000, and in consideration thereof they agreed to pay him, in addition to the regular rate of interest, the sum of $4,000 a year, making interest for the amount of the loan at the rate of 14 per cent. *979per annum; and that the amounts mentioned in the complaint and appearing to the credit of Mr. Clarkson on the defendants’ books were moneys loaned…
2Cases cited4 opinions
- The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
- Bouker Contracting Co. v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1900
- Gilbert v. WarrenAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- K-ROM Construction Corp. v. Behling (In Re K-ROM Construction Corp.)District Court, S.D. New York · 1985