In re the Accounting of Price

281 A.D. 863 | N.Y. App. Div. | 1953

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.