Continental Trust Co. v. Witt

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

■' The assignments of error on behalf of the plaintiff present but a single question for our decision, which is, indeed, one of fact, namely:

1. Was the condition, upon which the note sued on was given by the maker, a condition precedent, without the occurrence of which the note was not at any time to become a valid and binding obligation of the maker; or was it a condition subsequent, the occurrence of which was to discharge and put an end to the otherwise valid and binding obligation of the note?

The…