Nicholson v. McMullen

This is a motion by the plaintiffs under section 478 of the Civil Practice Act for judgment against the deceased defendant in the names of the original parties.

The application is based upon a stipulation made by the original parties to the action, which provides for the payment of the amount of the claim in monthly installments and stipulates that, in the event of default in the payment of any installment, a judgment for the amount then remaining unpaid might immediately be entered against defendant. Payments were made in accordance with the stipulation and, concededly, at the time of his…