INGALSBE v. MUELLER


257 A.D.2d 894 (1999)

684 N.Y.S.2d 59

WARD W. INGALSBE, JR., as Executor of the Estate of PEARL L. GIBSON, Deceased, Appellant, v. HENRY MUELLER et al., Respondents.

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

Decided January 21, 1999.


Spain, J.

On August 16, 1994, defendants executed a promissory note pursuant to which they agreed to pay plaintiff's decedent the sum of $112,750 with 10% interest payable monthly and principal repayable in two installments of $56,375 due February 1, 1996 and February 1, 1997, respectively. Defendants made the first installment payment of $56,375 and each of the monthly interest payments until January 1996, after which they made no further payments. The stated reason...

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