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Marine Midland Bank v. Custer

Court of Appeals of the State of New York
May 8, 1984
465 N.E.2d 358 (N.Y. 1984)

Opinion

Decided May 8, 1984

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph J. Ricotta, J.

Paul J. Yesawich, III, and Don B. Iwanicki for appellant.

Henry W. Cornell, III, for respondents.


MEMORANDUM.

Order affirmed, with costs, for the reasons stated in the Appellate Division memorandum ( 97 A.D.2d 974). We add that when the letter is read together with the note to which it refers, as it must be, the natural import of the words, "This is the amount owing the Doerflinger Estate" is that the relation of debtor and creditor exists between the signer of the letter and the note on the one hand and the estate on the other ( Manchester v Braedner, 107 N.Y. 346, 348-349). Absent explanation by defendant that would offer a different meaning, the estate was entitled to summary judgment ( id.).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, in a memorandum.


Summaries of

Marine Midland Bank v. Custer

Court of Appeals of the State of New York
May 8, 1984
465 N.E.2d 358 (N.Y. 1984)
Case details for

Marine Midland Bank v. Custer

Case Details

Full title:MARINE MIDLAND BANK, N.A., et al., as Executors of WILLIAM L. DOERFLINGER…

Court:Court of Appeals of the State of New York

Date published: May 8, 1984

Citations

465 N.E.2d 358 (N.Y. 1984)
465 N.E.2d 358
476 N.Y.S.2d 819

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