Page v. Cook
Massachusetts Supreme Judicial Court
Contract, upon a promissory note, of which the following is a copy: “$500. Boston, May 1, 1891. On demand, after date I promise to pay to the order of Hollis Bowman Page five hundred dollars, payable when payor and payee mutually agree. Value received. ' Grace V. Cook.”
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Contract, upon a promissory note, of which the following is a copy: “$500. Boston, May 1, 1891. On demand, after date I promise to pay to the order of Hollis Bowman Page five hundred dollars, payable when payor and payee mutually agree. Value received. ' Grace V. Cook.” Answer: 1. A general denial. 2. That the suit was prematurely brought. 8. That while the plaintiff was a pupil of the defendant he deposited in her hands five hundred dollars, as a payment for instruction in singing, then already and to be thereafter received, as the plaintiff should request, until the entire five hundred…
1Opinion of the CourtMorton, J.
According to the literal construction of this note, although the defendant promises to pay the plaintiff the sum named when he demands it, she may escape the performance of his promise by refusing to agree with the plaintiff when it shall be paid. We think that it hardly could have been the intention of the parties to put it into the power of the defendant thus to avoid payment, and that it is more reasonable to construe it as meaning that it is payable when and after the payor ought reasonably to have agreed. White v. Snell, 5 Pick. 425. Sloan v. Hayden, 110 Mass. 141. Black v. Bachelder,…
2Cases cited5 opinions
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Works v. HersheySupreme Court of Iowa · 1872
- Black v. BachelderMassachusetts Supreme Judicial Court · 1876
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1863
- Sloan v. HaydenMassachusetts Supreme Judicial Court · 1872
3Cited by21 opinions
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- Jenkins v. KarltonCourt of Appeals of Maryland · 1993
- Pritchard v. McLeodCourt of Appeals for the Ninth Circuit · 1913
- C. J. Hogan, Inc. v. Atlantic Corp.Massachusetts Supreme Judicial Court · 1955
- Wilson v. WilsonCalifornia Court of Appeal · 1950
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