Joseph v. Catron
New Mexico Supreme Court
Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. A promissory note is a written promise to pay a certain sum of money, at a future time unconditionally. Bouviers Law Dictionary; 1 Daniel on Nego. Instruments, 28; 3 Kent. 74; Chitty on Bills & Notes, Secs. 53-54. If payable upon an event which is contingent, or if otherwise conditional it is not negotiable.
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Appeal from the district court of Santa Fe county, before John R. McFie, Associate Justice. A promissory note is a written promise to pay a certain sum of money, at a future time unconditionally. Bouviers Law Dictionary; 1 Daniel on Nego. Instruments, 28; 3 Kent. 74; Chitty on Bills & Notes, Secs. 53-54. If payable upon an event which is contingent, or if otherwise conditional it is not negotiable. Story on Bills, Secs. 55 & 56. A promissory note must be payable at all events, not dependent upon any contingency. Cushman v. Haynes, 20 Rick. 132; Dyer v. Homer Adms. 22 Pick. 132. It must not be…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
— The assignments of error filed by the defendant set forth that the court erred in finding for the plaintiff on the testimony presented, and in sustaining the objection to the testimony presented for the defense, and also in its rulings upon the admissibility of the testimony presented on the hearing.
1 The first question which it becomes necessary to determine is, whether upon the testimony presented, plaintiff was entitled to recover, and this in turn involves a number of subsidiary questions, among others, the construction of the contract here sued on. This…
2Cases cited4 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Gillett v. ChavezNew Mexico Supreme Court · 1904
- Eldred v. MalloySupreme Court of Colorado · 1874
- Edgerton v. EdgertonSupreme Court of Connecticut · 1830
3Cited by6 opinions
- Bujac v. WilsonNew Mexico Supreme Court · 1921
- State Bank v. BilstadSupreme Court of Iowa · 1912
- National Rubber Supply Co. v. Oleson & ExterNew Mexico Supreme Court · 1915
- Goshen District Lincoln Land Co. v. Goshen Irrigation DistrictWyoming Supreme Court · 1930
- Smith's Transfer & Storage Co. v. HawkinsDistrict of Columbia Court of Appeals · 1946
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