TUNNELL v. TUNNELL


6 A.D.2d 1036 (1958)

Madeline M. Tunnell, Respondent, v. Albury K. Tunnell, Doing Business as Tunnell-Wong Co. and Sun Sash Co., Appellant

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

October 16, 1958


It appears from the record that the plaintiff consented to the withholding of her salary payments so that the defendant might use the money in his business. Therefore, the sum involved was not payable to plaintiff until her demand therefor. But there was no proof of any express arrangement as to the payment of interest on the loan. On the other hand, the testimony and documentary proof permit only of the inference that the agreement...

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