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FELT v. OLSON

51 N.Y.2d 977 (1980)

Margaret A. Felt, Appellant, v. Scott Olson, Defendant, and Elizabeth C. Olson, as Executrix of Conrad W. Olson, Deceased, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

John L. Goodell for appellant.

Ronald J. Gibb for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge MEYER dissents and votes to reverse in an opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Especially since here the maker and the payee were already deceased at the time of the trial (see Schechter v Klanfer, 28 N.Y.2d 228), on the record made here whether the notes were signed by Conrad Olson, whether he received consideration for their execution and delivery, and whether they had...

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