Hall v. Farmer & Doolittle
New York Supreme Court
Assumpsit tried at the Herkimer circuit in September, 1847, before Willard, Cir. J. The declaration contained the common money counts, and also special counts on a guaranty. Plea, non-assmmpsit.
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Assumpsit tried at the Herkimer circuit in September, 1847, before Willard, Cir. J. The declaration contained the common money counts, and also special counts on a guaranty. Plea, non-assmmpsit. On the trial the plaintiff proved and gave in evidence a promissory note, and an instrument indorsed thereon and signed by the defendants, as follows: “$715,88. For value received we promise to pay Luther Hall, to the order of H. W. Doolittle and John Farmer, seven hundred and fifteen dollars, with interest. March 1,1843. (Signed) Kathern & Doolittle.” “We the undersigned guaranty the payment of the…
1Opinion of the Court
Beardsley, Ch. J.
The writing signed by these defendants wat. not a promissory note.
A promissoiy noté may be defined to be a written engagement by one personj to pay absolutely and unconditionally to *487another person therein named, or to his order or to the bearer, a certain sum of money at a specified time, or on demand, or at sight. (Story on Prom. Notes, § 1; Chit. on Bills, ed. 1839, 548; Byles on Bills of Exchange, 3; 1 R. S. 768, § 1; Smith on Merc. Law, 113; Blackenhagen v. Blundell, 2 B. & Ald. 417; Goshen Turnpike Co. v. Hurtin, 9 John. 217; Coolidge v. Ruggles, 15 Mass. 387.) A…
2Cases cited11 opinions
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- Rogers v. KneelandNew York Supreme Court · 1833
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- Dean v. HallNew York Supreme Court · 1837
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