MATTER OF KLOCK


6 A.D.2d 338 (1958)

In the Matter of the Accounting of Howard D. Rice et al., as Administrators C. T. A. of The Estate of Louise M. Klock, Appellants. Herbert J. Middagh, Respondent

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

July 31, 1958.


Attorney(s) appearing for the Case

Howard C. St. John for appellants.

N. LeVan Haver and Richard B. Overbagh for respondent.

BERGAN, J. P., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


Per Curiam.

The respondent is a partner in a restaurant in the city of Kingston known as "Leherb's".

The claim (furnishing food) as filed was for 190½ weeks at $15 per week ($2,860) and a transportation charge ($1,900) to and from the restaurant and for delivering meals twice daily during the above period at $10 per week.

It appears that no demand was made nor was any bill of particulars served.

The respondent produced seven witnesses...

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