Jones v. Darling

The material part of the note sued on is as follows: “$10,000 Augusta, Ga. May 1st 1949. Five years after date the undersigned promises to pay to the order of Mary E. Jones with interest from date at 1 percent interest payable semi-annually in case of her death or marriage the note becomes canceled and the obligation of the maker ceases. Renewal at the end of five years.”

1. I am of the opinion that the part of the note providing for cancellation of the obligation to pay in case of the death of the payee is ambiguous, which view I shall later discuss, but assuming for the sake of argument that…