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OLD COLONY TRUST COMPANY, Appellant, v. GUSTAV STUMPEL, Respondent.

Judgment affirmed, with costs, upon the ground that the provision in the note to the effect that it is subject to the terms of another agreement not attached thereto makes the promise of payment one that is not absolute on its face and thus destroys negotiability.

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.

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OLD COLONY TRUST COMPANY v. STUMPEL
(Jan 10, 1928)