MANES v. RUTKOWSKI


40 Misc.2d 644 (1963)

Mathew Manes et al., as Executors of Ernst Schiefele, Deceased, Plaintiffs, v. Edward Rutkowski, Defendant.

Civil Court of the City of New York, Trial Term, Queens County.

September 26, 1963


Attorney(s) appearing for the Case

Manes, Sturim & Laufer (A. Laufer of counsel), for plaintiffs. George E. Mulry (James E. Boboras of counsel), for defendant.


SAMUEL A. SPIEGEL, J.

This action was tried by the court without a jury. Findings of fact and conclusions of law were waived.

This is an action by the executors of the estate of a deceased person alleged to have loaned the defendant $4,000. The defendant contended the transaction constituted a gift, not a loan.

In support of plaintiffs' case, Gertrude Schermeyer, the executrix herein testified that she was present when the deceased loaned...

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