General

In the Matter of the Accounting of Joan Price, as Administratrix of the Estate of Howard Price, Deceased, Respondent. Max Weill, Appellant

281 A.D. 863·New York Supreme Court, Appellate Division·1953·NY

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Opinion

In the Matter of the Accounting of Joan Price, as Administratrix of the Estate of Howard Price, Deceased, Respondent. Max Weill, Appellant. [MAJORITY] Decree, insofar as it disallows claim of Max Weill, reversed and the claim allowed. There was a sufficient showing of indebtedness for at least the amount of the two instruments in suit to warrant awarding claimant judgment in the absence of a showing of a defense. Present — Peck, P. J., Dore, Cohn, Breitel and Bergan, JJ.; Dore, J., dissents and votes to affirm for the reasons stated by the trial court at the close of the case. Settle order on notice.