DUNNING v. DUNNING


300 N.Y. 341 (1950)

Lillian I. Dunning, Respondent, v. Frank E. Dunning, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1950


Attorney(s) appearing for the Case

R. Waldron Herzberg and R. Monell Herzberg for appellant.

William E. J. Connor and Morris Millman for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur.


DESMOND, J.

The suit is on twelve promissory notes, all payable on demand, given by defendant, to plaintiff, his wife, on various dates in 1929, 1931 and 1932, the complaint further alleging that payment of all the notes was demanded in June, 1947, but that no payment was ever made. It appears by a stipulation, hereafter referred to, that the parties separated in May, 1947. The answer admits the making and delivery...

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