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KESHISHIAN BROS. v. DEVERIAN

279 A.D. 324 (1952)

Keshishian Bros., Inc., Respondent, v. Robert Deverian, Appellant

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

January 16, 1952.

Attorney(s) appearing for the Case

Vincent J. Mulvey for appellant.

William A. Marden for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.

Per Curiam.

The indebtedness of the plaintiff to the defendant was evidenced by a promissory note, payable in three months. The last renewal note was dated October 19, 1932, and was payable on January 19, 1933. The indebtedness, therefore, became due and payable on January 19, 1933. At that time, the defendant could have taken appropriate action to collect on the note or enforce his lien upon the rugs. Likewise, at

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