Legal Opinion
In re the Accounting of United States Trust Co.
New York Surrogate's Court
Decided November 21, 1950Published
1Opinion of the Court
Frankenthaler, S.
On the settlement of the decree the successful claimants demand interest on their respective claims at the rate of 6% from August 29, 1945, the date when payment *894of the two checks was requested and refused by the drawee. The objections filed by claimants prayed for interest “from the date of presentation of said claims ” to the executor, a date which is not clearly fixed in the pleading.
In its decision (Matter of de Montale, 199 Misc. 711) the court allowed the claims, not on the checks themselves, but on the basis of the engagements made by the drawer, namely, that the…
2Cases cited3 opinions
- Banque Mellie Iran v. Yokohama Specie Bank, Ltd.New York Court of Appeals · 1949
- Corporation Holding Co. v. WieberAppellate Division of the Supreme Court of the State of New York · 1930
- In re the Accounting of United States Trust Co.New York Surrogate's Court · 1950