Chase v. Behrman
New York Court of Common Pleas
Appeal from a judgment of the general term of the Marine Court of the City of New York reversing a judgment of that court which sustained a demurrer to a complaint, and overruling the demurrer.
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Appeal from a judgment of the general term of the Marine Court of the City of New York reversing a judgment of that court which sustained a demurrer to a complaint, and overruling the demurrer. The defendant made and delivered to the plaintiff an instrument in these words : “ $84.00. “ New York, Dec. 1st, 1879. “ I promise to pay to the order of L. S. Chase, manager, seven dollars monthly in the following manner, to wit, seven dollars five days after date, and seven dollars on the first day of each succeeding month for twelve months from date, for the privilege of advertising purposes of one…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—A promissory note is “ a written engagement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money, at a time specified therein.” The writing sued upon is certainly just that and nothing more. The clause expressing a consideration for the defendant’s undertaking in no way qualifies his promise, or renders it otherwise than absolute and unconditional. If, instead of those words, it had said “ for a horse,” or “ for value received,” the contract would be unchanged. The instrument contains no undertaking by…
2Cases cited2 opinions
- Grant v. . JohnsonNew York Court of Appeals · 1851
- Considerant v. BrisbaneThe Superior Court of New York City · 1857
3Cited by2 opinions
- Chase v. SennNew York Court of Common Pleas · 1891
- Equitable Trust Co. v. NewmanCity of New York Municipal Court · 1910