In Re the Accounting of Central Trust Co.

New York Court of Appeals

In Re the Accounting of Central Trust Co.

197 N.E. 316, 268 N.Y. 370, 1935 N.Y. LEXIS 949

CourtNew York Court of Appeals

DecidedJuly 11, 1935

StatusPublished

Cited by1 cases

This text of 197 N.E. 316 (In Re the Accounting of Central Trust Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re the Accounting of Central Trust Co., 197 N.E. 316, 268 N.Y. 370, 1935 N.Y. LEXIS 949 (N.Y. 1935).

Pincite

Opinion

Per Curiam.

No error appears in this record, except the inclusion of interest. The evidence sustains an advancement or ademption but not the theory of a loan. *372 Therefore, interest should not have been included. (Cole v. Andrews, 83 App. Div. 285; affd., 176 N. Y. 374.)

The order of the Appellate Division and the decree of the Surrogate’s Court should be modified in accordance with this memorandum and as so modified affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI