Beaudrias v. Walck
New York Supreme Court
Appeal from the city court of Yonkers. Action by Isidore J. Beaudrias against Ambrose Walck on certain “promissory notes” given for the price of goods, and containing a reservation of title to the payee. Defendant demurred to the complaint on the ground that the instruments in question were not negotiable promissory notes, or instruments for the payment of money only, but ‘.‘contracts for property,” and that a sale and delivery should have been averred.
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Appeal from the city court of Yonkers. Action by Isidore J. Beaudrias against Ambrose Walck on certain “promissory notes” given for the price of goods, and containing a reservation of title to the payee. Defendant demurred to the complaint on the ground that the instruments in question were not negotiable promissory notes, or instruments for the payment of money only, but ‘.‘contracts for property,” and that a sale and delivery should have been averred. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDykman, J.
This action was commenced in the city court of Yonkers upon four written instruments, which the plaintiff denominates “promissory notes. ” They are precisely alike, except the dates of payment, the first being *717payable July 1, 1890, after date, and the last October 1, 1890, after date, all being dated April 18,1890. The first reads as follows:
“20. Yonkers, H. Y„ April 18,1890.
“For value received, July 1, 1890, after date, I promise to pay to the order of James W. Tufts, twenty dollars, with interest six per cent. The consideration of this and other notes is the following described soda-water…
2Cases cited1 opinion
- Austin v. BurnsNew York Supreme Court · 1853