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RIVERS v. RIVERS

No. 14641.

404 So.2d 1300 (1981)

Loretta Ray RIVERS, Plaintiff-Appellant, v. Jack Looney RIVERS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

September 29, 1981.

Attorney(s) appearing for the Case

Davenport, Files, Kelly & Marsh by Thomas W. Davenport, Jr., Monroe, for plaintiff-appellant.

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for defendant-appellee.

Before PRICE, MARVIN and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

The issue in this appeal is whether the mere refusal of the holder of a promissory note to accept the tender of three installment payments on the note, two of which were past due and the other not yet due, is sufficient to accelerate maturity of the note under this acceleration clause:

"Failure to pay any two (2) successive installments on this note at maturity shall, at the option of the holder and owner, mature this note in its entirety and...

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