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GOTHAM CREDIT CORP. v. MAHONEY

19 Misc.2d 735 (1959)

Gotham Credit Corp., Appellant, v. Charles W. Mahoney, Respondent.

Supreme Court, Appellate Term, First Department.

October 22, 1959.

Attorney(s) appearing for the Case

Schleimer & Rubin (Joseph Rubin of counsel), for appellant.

Charles W. Mahoney, respondent in person.

Concur — STEUER, J. P., and AURELIO, J.; HOFSTADTER, J., dissents in memorandum.

Per Curiam.

The facts as found by the court below are that plaintiff, a credit company, purchased an installment contract made by three persons as co-buyers of an automobile. After making one payment, one Reid, advised plaintiff that he could not continue the payments and suggested that defendant be substituted as the buyer on the contract. Defendant appeared at plaintiff's office and an agreement was made whereby defendant

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