Mallory v. Boomer

Appellate Division of the Supreme Court of New York

Mallory v. Boomer

283 A.D. 1046, 131 N.Y.S.2d 545, 1954 N.Y. App. Div. LEXIS 6233

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1954

StatusPublished

This text of 283 A.D. 1046 (Mallory v. Boomer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mallory v. Boomer, 283 A.D. 1046, 131 N.Y.S.2d 545, 1954 N.Y. App. Div. LEXIS 6233 (N.Y. Ct. App. 1954).

Pincite

Opinion

It appears that a rather loose and friendly indulgence existed on defendant’s part in favor of defendant, but the answering papers neither establish nor indicate any firm agreement making payment of the note in question dependent on the illusory conditions defendant claims or even that such conditions were accepted or observed in periodic payments on the prior notes. Order reversed and the motion directing judgment in favor of the plaintiff granted. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ.; Dore and Callahan, JJ., dissent and vote to affirm on the ground that there is a triable issue as to the agreement between the plaintiffs’ testator and defendant pursuant to which the note was given.

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It appears that a rather loose and friendly indulgence existed on defendant’s part in favor of defendant, but the answering papers neither establish nor indicate any firm agreement making payment of the note in question dependent on the illusory conditions defendant claims or even that such conditions were accepted or observed in periodic payments on the prior notes. Order reversed and the motion directing judgment in favor of the plaintiff granted. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Breitel and Bastow, JJ.; Dore and Callahan, JJ., dissent and vote to affirm on the ground that there is a triable issue as to the agreement between the plaintiffs’ testator and defendant pursuant to which the note was given.

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Bluebook (online)

283 A.D. 1046, 131 N.Y.S.2d 545, 1954 N.Y. App. Div. LEXIS 6233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallory-v-boomer-nyappdiv-1954.