New York Supreme Court August 24, 1966 (Gerken v. Estate of Bertram)

Marshall E. Livingston, J.

Plaintiff sues on an alleged account stated for the balance due on a bond and mortgage, plus money advanced for fire insurance premiums.

Mortgagors, husband and wife, are deceased, and the action is defended by their son, who is the administrator c. t. a. of their respective estates. The answer is a general denial, coupled with a counterclaim based on alleged fraud.