Coffin v. Spencer
U.S. Circuit Court for the District of Indiana
At Law. On demurrer to answer. The action is upon an instrument of the following tenor: “$1,941.58. Richmond, Ind., Sept. 15th, 1884. “Four months after date I promise to pay to the order of Turner W. Haynes, nineteen hundred and forty-one 58-100 dollars, at the First National Rank of Richmond, Indiana, value received, without any relief from valuation or appraisement laws, with interest at the rate of eight per cent, per annum after maturity, and five per cent, attorney’s…
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At Law. On demurrer to answer. The action is upon an instrument of the following tenor: “$1,941.58. Richmond, Ind., Sept. 15th, 1884. “Four months after date I promise to pay to the order of Turner W. Haynes, nineteen hundred and forty-one 58-100 dollars, at the First National Rank of Richmond, Indiana, value received, without any relief from valuation or appraisement laws, with interest at the rate of eight per cent, per annum after maturity, and five per cent, attorney’s fees. The drawers and indorsers severally waive presentment for payment, protest, and notice of protest, and non-payment…
1Opinion of the Court
Woods, J.,
(after stating the facts as above.) The question presented is whether or not the instrument sued upon is a negotiable promissory note, *263and the solution of the question depends upon the meaning and force of the stipulation for renewal or extension of time of payment, which it is claimed makes the time of payment or maturity uncertain. The stipulation is in these words:
“And the payee or holder of this note may renew or extend the time of payment of the same from time to time, as often as required, without notice, and without prejudice to the rights of such payee or holder to enforce…
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