Hetzer v. Hetzer

Appellate Division of the Supreme Court of New York

Hetzer v. Hetzer

275 A.D.2d 785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 18, 1949

StatusPublished

This text of 275 A.D.2d 785 (Hetzer v. Hetzer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hetzer v. Hetzer, 275 A.D.2d 785 (N.Y. Ct. App. 1949).

Pincite

Opinion

In our opinion the amount of $780 for “ Managerial expense ”, and the amount of $724.50 for interest on moneys expended by respondent in connection with the conveyance of the property by appellant to her were not proper credits as items which respondent was required to pay in order to “keep and carry ” the property. She did not pay out these moneys and she was not entitled, under the terms of the contract, to retain such sums, either for her services or as interest. Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ.

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In our opinion the amount of $780 for “ Managerial expense ”, and the amount of $724.50 for interest on moneys expended by respondent in connection with the conveyance of the property by appellant to her were not proper credits as items which respondent was required to pay in order to “keep and carry ” the property. She did not pay out these moneys and she was not entitled, under the terms of the contract, to retain such sums, either for her services or as interest. Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ.

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Bluebook (online)

275 A.D.2d 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hetzer-v-hetzer-nyappdiv-1949.