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New York Court of Appeals, 1935

In Re the Accounting of Central Trust Co.

In Re the Accounting of Central Trust Co.
New York Court of Appeals · Decided July 11, 1935 · Crane, Crouch, Finch, Hubbs, Lehman, Loughran, O'Brien
197 N.E. 316; 268 N.Y. 370; 1935 N.Y. LEXIS 949 (North Eastern Reporter)

In Re the Accounting of Central Trust Co.

Opinion of the Court

Per Curiam.

No error appears in this record, except the inclusion of interest. The evidence sustains an advancement or ademption but not the theory of a loan. *372 Therefore, interest should not have been included. (Cole v. Andrews, 83 App. Div. 285; affd., 176 N. Y. 374.)

The order of the Appellate Division and the decree of the Surrogate’s Court should be modified in accordance with this memorandum and as so modified affirmed, without costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran and Finch, JJ., concur; Crouch, J., not sitting.

Ordered accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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