Phillips v. Cohen

MISHLER, District Judge.

The plaintiffs demand judgment against the defendants for the sum of Thirteen Thousand Dollars ($13,000), with interest from July 1, 1962, and costs and disbursements. They base their claim on a promissory note, dated February 6, 1959, under which the defendants undertook to pay the plaintiffs Thirteen Thousand Dollars ($13,000) in monthly installments commencing on July 1, 1962. Answering individually, each defendant raises the affirmative defenses of release, payment and accord and satisfaction.

The parties executed a stipulation of agreed facts, dated December 21,…