ARKPORT STATE BANK v. NUTTER


284 A.D. 86 (1954)

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.

May 12, 1954.


Attorney(s) appearing for the Case

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

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

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and VAN DUSER, JJ.


Per Curiam.

The facts of this case were set forth in our decision in a prior appeal from a judgment after the trial court had directed a verdict in favor of the plaintiff. (Arkport State Bank v. Nutter, 282 App. Div. 412.) There we said: "We think that upon this record the question of whether the payment of $182.92 on January 26, 1945, was made under circumstances from which a promise to pay the entire indebtedness including interest may be implied,...

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