Pearson v. Cuthbert

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901

Appellate Division of the Supreme Court of the State of New York · decided 1901-07-01

Appeal by the defendants, Edward B. Cuthbert and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of February, 1900, upon the decision of the court-rendered after a trial at the New York Special Term.

Cited by 1 later decisions — most recently December 1987

Good law ✅— No negative treatment on recordhow we know

Decided 1901-07-01

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Van Brunt, P. J. (dissenting):

¶1I dissent. There is no proof whatever that the money which was loaned by the mother to Edward B. Cuthbert was intended as an advance to him, to be paid only by a charge against his share of his mother’s estate. She loaned the money to him at his request, and when she told him that the .money would be lost in Wall street if she let him have it, his answer was that her estate would not lose anything, as it might be charged against his share. There was no agreement upon her part not to ask him for the money, and she could have claimed it at any time that she saw fit.

¶2Judgment modified as directed in opinion, with costs to the appellants to abide event.