GERKEN v. ESTATE OF BERTRAM


51 Misc.2d 371 (1966)

John M. Gerken, Plaintiff, v. Estate of Frank Bertram et al., Defendants.

Supreme Court, Monroe County.

August 24, 1966


Attorney(s) appearing for the Case

Barton Baker for plaintiff. Thomas W. O'Connell for defendants.


MARSHALL E. LIVINGSTON, J.

Plaintiff sues on an alleged account stated for the balance due on a bond and mortgage, plus money advanced for fire insurance premiums.

Mortgagors, husband and wife, are deceased, and the action is defended by their son, who is the administrator c.t.a. of their respective estates. The answer is a general denial, coupled with a counterclaim based on alleged fraud.

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