COLONIE BLOCK & SUPPLY CO., INC. v. D. H. OVERMYER CO., INC.


35 A.D.2d 897 (1970)

Colonie Block and Supply Co., Inc., Respondent, v. D. H. Overmyer Co., Inc., et al., Appellants

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

November 30, 1970


Appellants executed a promissory note payable to respondent on March 29, 1967 in the face amount of $7,128.48 payable in installments of $198.01 plus interest on the unpaid balance at the rate of six per cent per annum. Payments were to be made on the first day of each month commencing August 1, 1967. An acceleration clause in the note provided: "Upon failure to make payment of any installment, above mentioned, or any part thereof, and after failure of Maker to cure such...

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