MALLORY v. BOOMER


283 A.D. 1046 (1954)

William W. Mallory et al., as Executors of Charles H. Mallory, Deceased, Appellants, v. Robert De F. Boomer, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.


It appears that a rather loose and friendly indulgence existed on defendant's part in favor of defendant, but the answering papers neither establish nor indicate any firm agreement making payment of the note in question dependent on the illusory conditions defendant claims or even that such conditions were accepted or observed in periodic payments on the prior notes.

Order reversed and the motion directing judgment in favor of the plaintiff granted. Settle order on...

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