ARKPORT STATE BANK v. NUTTER


278 A.D. 538 (1951)

Arkport State Bank, Respondent, v. Jennie L. Nutter, as Executrix of Oren C. Nutter, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1951.


Attorney(s) appearing for the Case

Acton M. Hill and Vedo M. Candiello for appellant.

John W. Hollis and Nicholas J. Changose for respondent.

All concur, TAYLOR, P. J., not voting. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


KIMBALL, J.

The plaintiff brought an action upon a promissory note made by defendant's testator. A so-called claim had been presented to the executrix in the form of an affidavit stating "balance unpaid on note of $517. and several years interest." No copy of any note was attached to the claim affidavit nor anything to show the date of the note, the amount for which it was made nor the payments of principal or...

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