Hyperlawhypertext legal database Nunnold v. Bluntach 123 N.Y.S. 1131

← Cases

Nunnold v. Bluntach

123 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1910-06-01 English

Contents

Majority

p. 1131
NUNNOLD, Respondent, v. BLUNTACH et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
June 1, 1910.)

Headnote

Action by Jacob J. Nunnold, as surviving executor, etc., against Catherine N. Bluntach and another, as executrices, etc.

Judgment affirmed, with costs.

SPRING and ROBSON, JJ., dissent upor the grounds: (1) That the referee erred in hold ing that the decree of the Surrogate’s Court conclusively established that there was an over payment to Helena Nunnold; (2) that the ref eree erred in not allowing to the defendants in terest on the $5,000 loan mentioned in the de cisión; (3) that on the merits the plaintiff wa not entitled to recover.