National City Bank v. Erskine & Sons, Inc.

I concur in the syllabus and in the judgment, although I do not agree that the insecurity clause in the mortgage is not incorporated in the note. I am in accord with the language in Beutel’s Brannan Negotiable Instruments Law (7 Ed.), 276, where it is stated:

“A note payable at a fixed date but with a provision that ‘this note shall become due and payable on demand at the option of the payee, when it deems itself insecure,’ is not negotiable. The word ‘contingency’ refers to contingency as to time, though it may also refer to other contingencies. First State Bank of Cheyenne v. Barton, 129…