Nunez v. Dautel
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Georgia. Joseph Dautel sued in the court below, I. M. Nunez and others, trading in partnership as I. M. Nunez & Co. The action was assumpsit, and the suit was brought on the 10th of September, 1870. The declaration contained two counts.
Read the full summary
Error to the Circuit Court for the Southern District of Georgia. Joseph Dautel sued in the court below, I. M. Nunez and others, trading in partnership as I. M. Nunez & Co. The action was assumpsit, and the suit was brought on the 10th of September, 1870. The declaration contained two counts. The first was upon an instrument described as a due bill, whereby the defendants acknowledged to be due and promised to pay to the plaintiff the sum of $1619.66. The second count claimed the same amount upon an account stated. It appeared by the bill of exceptions that upon the trial the plaintiff gave in…
1Opinion of the CourtJustice Swayne
The paper was clearly not a promissory note, because it was not payable at a time certain, and it was not such a due-bi 11 as the law regards as in effect a promissory note for the same reason. § It was made up of the following particulars: It acknowledged the amount specified, .consisting of principal and interest, to be due to the plaintiff for four years and six months’ services, and promised to pay him that sum, with interest, as soon as the crop could be sold, or the money could be raised from any other source.
No time having been specified within which the crop should be sold or the…
2Cited by93 opinions
- The Thos. J. Dyer Company v. Bishop International Engineering Company and General Insurance Company of AmericaCourt of Appeals for the Sixth Circuit · 1962
- Simon v. . EtgenNew York Court of Appeals · 1915
- North American Graphite Corp. v. AllanCourt of Appeals for the D.C. Circuit · 1950
- Noland v. BullOregon Supreme Court · 1893
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
88 more not listed; retrieve them via the Exa API.