Legal Opinion

Marine Midland Bank, N. A. v. Custer

New York Court of Appeals

Decided May 8, 1984PublishedCited by 3 opinions

APPEARANCES OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order affirmed, with costs, for the reasons stated in the Appellate Division memorandum (97 AD2d 974). We add that when the letter is read together with the note to which it refers, as it must be, the natural import of the words, “This is the amount owing the Doerflinger Estate” is that the relation of debtor and creditor exists between the signer of the letter and the note on the one hand and the estate on the other (Manchester v Braedner, 107 NY 346, 348-349). Absent explanation by defendant that would offer a different meaning, the estate was entitled to…

2Cases cited2 opinions

  1. Manchester v. . BraednerNew York Court of Appeals · 1887
  2. Marine Midland Bank, N. A. v. CusterAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

  1. Krugman v. Board of Assessors of the Village of Atlantic BeachAppellate Division of the Supreme Court of the State of New York · 1988
  2. Bajaj v. General AssuranceAppellate Terms of the Supreme Court of New York · 2007
  3. Great American Insurance v. Matzen Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985

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