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Kings County Trust Co. v. Giovinco

Court of Appeals of the State of New York
Dec 31, 1934
194 N.E. 60 (N.Y. 1934)

Opinion

Argued November 26, 1934

Decided December 31, 1934

Appeal from the Supreme Court, Appellate Division, Second Department.

Allen S. Wrenn for appellant.

Harold M. Kennedy for respondent.


The payment of interest in advance, in the circumstances as found by the trial court and sustained by the weight of evidence, rebuts the presumption ( New York Life Ins. Co. v. Casey, 178 N.Y. 381) that such payment indicates an extension of time so as to discharge a surety.

The judgment of the Appellate Division should be reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division.

POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ., concur.

Judgment accordingly.


Summaries of

Kings County Trust Co. v. Giovinco

Court of Appeals of the State of New York
Dec 31, 1934
194 N.E. 60 (N.Y. 1934)
Case details for

Kings County Trust Co. v. Giovinco

Case Details

Full title:KINGS COUNTY TRUST COMPANY, as Trustee under the Will of WHITMAN W…

Court:Court of Appeals of the State of New York

Date published: Dec 31, 1934

Citations

194 N.E. 60 (N.Y. 1934)
194 N.E. 60

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