La Voie v. Celli

The wi'thin action was instituted on June 24, 1969 for a money judgment arising from the nonpayment of a promissory note made by the defendants, payable to Associated Drywall Company, dated at Rochester, New York, 1967 and due “ninety days after date.” Defendants concede the making of the note, but claim that it is not yet due, because at the time the note was made, it was orally agreed that payment on the note would only be due upon commencement of construction of a cértain described building or within six years, whichever event should occur sooner.

The issue presented is whether the alleged…