Bander v. Bander
New York Supreme Court
This was an action upon a promissory note in these words: “ For value received 1 promise to pay M. Bander or bearer the sum of $1000 payable in. ten annual installments, with use, the first payment to become due on the first day of June, 1848. March 6, 1847. Daniel Bander.” The cause was tried, by the court, without a jury. The only question was as to the amount of interest due upon the note.
1Opinion of the Court
Paige J.
The only question presented, for decision, in this case, is, whether by the terms of the note on which the suit is brought, interest is payable annually on the whole principal sum, or only oq the respective installments at the several times when they become due.
A promissory note is, like any other written contract, to be construed in accordance with the intention of the parties, as declared by the express words of the note, or as it is deducible by clear and manifest implication from its terms. The force and effect of the note must be determined by its terms, and not by proof aliunde.…
2Cases cited5 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Williams v. ShermanNew York Supreme Court · 1831
- Tillotson v. PrestonNew York Supreme Court · 1808
- Stevens v. BarringerNew York Supreme Court · 1835
- Day, Catlin & Co. v. RidleySupreme Court of Vermont · 1844
3Cited by6 opinions
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
- Frye v. ShepherdMissouri Court of Appeals · 1913
- In re the Estate of RohrNew York Surrogate's Court · 1932
- Hanley v. CroweNew York Supreme Court · 1888
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