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GIVENTER v. ARNOW

37 N.Y.2d 305 (1975)

Michael Giventer, as Executor of Emanuel Choper, Deceased, Respondent, v. Samuel Arnow et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1975.

Attorney(s) appearing for the Case

Duncan S. MacAffer for appellants.

Arthur J. Harvey for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur; Judge COOKE taking no part.

WACHTLER, J.

On July 1, 1970 the plaintiff's testator, Emanuel Choper, an attorney, loaned $13,410.67 to the defendants, Samuel and Pearl Arnow. On this same date the defendants executed a promissory note by which they agreed to pay back that sum "one year after date * * * with interest at 7½% per annum, compunded [sic] quarterly." When the note fell due, the defendants refused to pay either principal or...

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