de Cordova v. Sanville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Evelyn de Cordova, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of June, 1916, upon a dismissal of the amended complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Shearn, J.:
The complaint attempts to set out two causes of action. The second cause of action is based upon an alleged loan made in 1905, “ which the defendant agreed to repay when he was able.” It was alleged that the defendant was able to repay in 1911. No proof was adduced to show that the defendant was able to repay or that there was any agreement to repay when the defendant was able. This cause of action was properly dismissed.
The first cause of action alleges the delivery of a check for $5,000 to defendant in 1905, which was paid to the defendant; that the testator, represented by the…
2Cases cited2 opinions
- de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1914
- de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- Stanley v. Estate of WaltersIndiana Court of Appeals · 1970