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GEN. PAYMENT CO. v. ELLIOTT

7 A.D.2d 919 (1959)

General Payment Company, a Copartnership Consisting of Paulina A. Ruth and Another, Appellant, v. John R. Elliott et al., Respondents, et al., Defendants

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

February 9, 1959

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

We are unable to agree with the conclusion of the learned Special Term as to the import of the stipulation. Under its clear and unambiguous terms appellant had the right to declare the full amount of the judgment due upon default in any payments thereunder. No proof was offered to excuse or justify respondents' default in making the last...

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