Randall v. Randall — 154 N.Y.S. 1141

Majority

p. 1141

RANDALL v. RANDALL.

(Supreme Court, Appellate Division, Second Department.

July 30, 1915.)

Headnote

Appeal from Special Term, Suffolk County. Action by Henry M. Randall against Charles P. Randall. From judgment for plaintiff, defendant appeals. Modified and affirmed. See, also, 163 App. Div. 969 , 148 N. Y. Supp. 1140 . Thomas J. Ritch, Jr., of New York City, for appellant. Robert P. Grilling, of Riverhead, for respondent.

PER CURIAM.

It is decided that the findings should be modified as follows: First. The item, J. J. Harris note, $60, was erroneously credited to the plaintiff. It presumably entered into the settlement for which the note was given on February 1, 1888. Second. The item, January 18, 1897, check borrowed, $100, was erroneously credited to the plaintiff. Third. The item, April 13, 1897, check No. 2368, $200, was erroneously credited to the plaintiff. Fourth. The item, April 21, 1890, $600, was erroneously credited to the plaintiff, as the defendant testified without contradiction that he contributed the amount, which was equal to an amount contributed by the plaintiff. Fifth. The following items were erroneously debited against the defendant without corresponding credit: October 1, 1884, $10; October 1, 1884, $32.45; October 1, 1884, $6.80; December 12, 1884. $8.50; January 6, 1887, $56.10: February 15, 1887, $10.62; February 15, 1887, $57.-38; June 2, 1888, $64.31; September 10, 1888, $59.50; September 21, 1888, $15.63. Sixth. The defendant was improperly debited with firm check No. 1802, dated March 25, 1897, to Mrs. O. P. Randall, for cash, $100. The firm owed Mrs. Randall two items, $80 and $20, for which the defendant gave her a check for $100, which she returned to him, whereupon he credited it on his personal account; but he testifies that Mrs. Randall was charged with $100 on the firm books. It was therefore a matter between the defendant and Mrs. Randall whereby he came into ownership of the check. The findings should be modified by making corrections in accordance with this memorandum, and the judgment modified accordingly, and as so modified affirmed, without costs. Settle order before Mr. Justice Thomas.