In re the Estate of Johnson

Appellate Division of the Supreme Court of New York

In re the Estate of Johnson

250 A.D. 824, 296 N.Y.S. 450, 1937 N.Y. App. Div. LEXIS 9153

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

DecidedMarch 10, 1937

StatusPublished

This text of 250 A.D. 824 (In re the Estate of Johnson) 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

In re the Estate of Johnson, 250 A.D. 824, 296 N.Y.S. 450, 1937 N.Y. App. Div. LEXIS 9153 (N.Y. Ct. App. 1937).

Pincite

Opinion

Decree and order affirmed, "with costs. All concur, except Sears, P. J., and Lewis, J., who dissent and vote for reversal on the law and facts and for an allowance of the claim on the ground that decedent’s withdrawals from the John Johnson Construction Company were not dividends nor were they paid by the' company nor received by Johnson with the intention that they should constitute dividends, but they were loans by the company to Johnson, which constitute a valid claim in favor of the company’s trustee in bankruptcy. (The decree disallows claim of trustee in bankruptcy against estate of decedent for corporate money used by decedent for personal expenses. The order denies motion to open the hearing.) Present — Sears, P. J., Thompson, Crosby, Lewis and Cunningham, JJ.

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Decree and order affirmed, "with costs. All concur, except Sears, P. J., and Lewis, J., who dissent and vote for reversal on the law and facts and for an allowance of the claim on the ground that decedent’s withdrawals from the John Johnson Construction Company were not dividends nor were they paid by the' company nor received by Johnson with the intention that they should constitute dividends, but they were loans by the company to Johnson, which constitute a valid claim in favor of the company’s trustee in bankruptcy. (The decree disallows claim of trustee in bankruptcy against estate of decedent for corporate money used by decedent for personal expenses. The order denies motion to open the hearing.) Present — Sears, P. J., Thompson, Crosby, Lewis and Cunningham, JJ.

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Bluebook (online)

250 A.D. 824, 296 N.Y.S. 450, 1937 N.Y. App. Div. LEXIS 9153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-johnson-nyappdiv-1937.