Barnard v. Cushing
Massachusetts Supreme Judicial Court
The plaintiffs’ declaration averred, that on the 26th day of June 1838, the defendants, by their promissory note of that date, for value received, promised the plaintiffs to pay them $ 94, on demand, with interest. Such a note was given to the plaintiffs, by the defendants, but there was this indorsement thereon : “We agree not to compel payment for the amount of this note, but to receive the same when convenient for the promisors to pay it.
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The plaintiffs’ declaration averred, that on the 26th day of June 1838, the defendants, by their promissory note of that date, for value received, promised the plaintiffs to pay them $ 94, on demand, with interest. Such a note was given to the plaintiffs, by the defendants, but there was this indorsement thereon : “We agree not to compel payment for the amount of this note, but to receive the same when convenient for the promisors to pay it. Barnard, Adams & Co.” The signing of the note and the signing of the indorsement wrere made at the same time, and xvere parts of the same transaction. It…
1Opinion of the CourtDewey, J.
The plaintiffs insist that the agreement of the defendants is to be construed either, first, as an absolute and unconditional promise, to pay the sum of money therein named, on demand, and therefore not to be affected by any distinct collateral agreement not to enforce payment thereof, leaving the defendants to their cross action for any violation of such collateral agreement; or, secondly, that if the whole instrument is to be *231taken together, it constitutes a valid conditional promise to pay the sum named in the contract, when the makers are of suffi cient pecuniary ability to pay it.
Is the…
2Cases cited4 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
- Sanders & Ogden v. BaconNew York Supreme Court · 1811
- Tappan v. ElyNew York Supreme Court · 1836
3Cited by1 opinion
- Doll v. GetzschmannNebraska Supreme Court · 1911