Commercial Investment Trust, Inc. v. Chiebnick

Appellate Terms of the Supreme Court of New York

Commercial Investment Trust, Inc. v. Chiebnick

157 Misc. 274, 283 N.Y.S. 307, 1935 N.Y. Misc. LEXIS 1546

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 1, 1935

StatusPublished

This text of 157 Misc. 274 (Commercial Investment Trust, Inc. v. Chiebnick) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commercial Investment Trust, Inc. v. Chiebnick, 157 Misc. 274, 283 N.Y.S. 307, 1935 N.Y. Misc. LEXIS 1546 (N.Y. Ct. App. 1935).

Pincite

Opinion

Per Curiam.

We think that the agreement of January, 1932, was a gratuitous extension of time to defendant to pay his debt by reducing installments and that plaintiff was at liberty to disregard it and sue on the note. But the default on which plaintiff relied was waived by the acceptance of subsequent payments. Judgment modified so as to dismiss the complaint, without prejudice, and as modified affirmed, without costs of appeal.

All concur. Present —Lydon, Callahan and Shientag, JJ.

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Per Curiam.

We think that the agreement of January, 1932, was a gratuitous extension of time to defendant to pay his debt by reducing installments and that plaintiff was at liberty to disregard it and sue on the note. But the default on which plaintiff relied was waived by the acceptance of subsequent payments. Judgment modified so as to dismiss the complaint, without prejudice, and as modified affirmed, without costs of appeal.

All concur. Present —Lydon, Callahan and Shientag, JJ.

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Bluebook (online)

157 Misc. 274, 283 N.Y.S. 307, 1935 N.Y. Misc. LEXIS 1546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-investment-trust-inc-v-chiebnick-nyappterm-1935.