WILSON v. MARTIN


282 A.D. 804 (1953)

Guy L. Wilson, as Administrator De Bonis Non of The Estate of Charles H. Thomas, Deceased, Respondent, v. Edson A. Martin, Appellant

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

July 2, 1953.


The action was brought by an administrator de bonis non to recover for a sale of surplus beer and empty bottles set forth in a schedule annexed to the complaint. Defendant's answer denies the delivery of such items in one part, and in another part admits the receipt thereof but denies that such receipt was a sale. The answer further sets up a counterclaim for $268.64. From a consideration of the pleading as a whole, particularly the schedule annexed to the answer,...

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