Baker v. Todd
Texas Supreme Court
Appeal from Busk. The suit in this case was instituted on a promissory note in the following words : “$400. On the first day of Julj, eighteen hundred and fifty-two, I promise to pay BiehardB. Tutt or bearer four hundred dollars, drawing interest at ten per cent, after maturity, which may be discharged in good cash notes on solvent punctual men living in Busk county, Texas, under the jurisdiction of a justice of the peace, with my indorsement thereon.
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Appeal from Busk. The suit in this case was instituted on a promissory note in the following words : “$400. On the first day of Julj, eighteen hundred and fifty-two, I promise to pay BiehardB. Tutt or bearer four hundred dollars, drawing interest at ten per cent, after maturity, which may be discharged in good cash notes on solvent punctual men living in Busk county, Texas, under the jurisdiction of a justice of the peace, with my indorsement thereon. Value received June 28rli, 1849. (Signed) M. L. Baker.” The suit was brought by Todd, as indorsee, against the maker and indorser of the note.…
1Opinion of the CourtLipscomb, J.
The judge charged the jury “that the note sued on, upon default of Baker’s paying the cash notes on the day of payment, became a moneyed demand for four hundred dollars.”
That a promise to pay a certain amount of money on a given day, with a stipulation following that it may be discharged in some other commodity, becomes an absolute promise to pay money if that other thing is not paid on the day of payment is a proposition believed to be well established and fully recognized by this court in the eases of Fleming v. Nall (1 Tex. R., 246) and Chevallier v. Buford, (Id., 503.) The money in such…
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