ARKPORT STATE BANK v. NUTTER


282 A.D. 412 (1953)

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 8, 1953.


Attorney(s) appearing for the Case

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

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

Present — TAYLOR, P. J., McCURN, KIMBALL and PIPER, JJ.


Per Curiam.

This action against the executrix of the decedent's estate is for the recovery of a balance of unpaid principal and interest upon a promissory note dated January 3, 1929, for $12,500 payable upon demand "with Int". The amount of principal unpaid on the note is $517. Upon the trial the court directed a verdict for such sum plus accrued interest amounting in all to $7,286.02.

The plaintiff must rely...

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