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GORDON SUPPLY CO., INC. v. SOUTH SEA APTS., INC.

23 A.D.2d 666 (1965)

Gordon Supply Co., Inc., Respondent, v. South Sea Apts., Inc., et al., Appellants

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

March 8, 1965

Order of the Appellate Term, affirmed, with costs.

Plaintiff is a holder in due course of the note, having obtained title thereto for value about January 24, 1963. The defense is that, shortly before the making of the note on January 24, 1963, the payee agreed that, before the maturity of the note on April 24, 1963, it would repair all the defective work it had allegedly done theretofore; that, unless the repairs were thus properly made, the note would not be paid...

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