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

New York Court of Appeals·Decided July 11, 1935·Published·Cited by 1 cases

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

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.

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

197 N.E. 316 (In Re the Accounting of Central Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related