Green v. Lake
District of Columbia Court of Appeals
STATEMENT OE THE CASE. Motion for new trial on exceptions. This was an action of debt brought by the surviving-partner of J. & T. Green, against John L. Lake and Jonathan Tarbell, based on the following promissory note given by them : “$1,000. Jackson, Miss., Nov. 18,1875. “ Sixty days after date, we, or either of us, promise to pay J. and T. Green, or order, one thousand dollars, value received.
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STATEMENT OE THE CASE. Motion for new trial on exceptions. This was an action of debt brought by the surviving-partner of J. & T. Green, against John L. Lake and Jonathan Tarbell, based on the following promissory note given by them : “$1,000. Jackson, Miss., Nov. 18,1875. “ Sixty days after date, we, or either of us, promise to pay J. and T. Green, or order, one thousand dollars, value received. “J. L. Lake, Jr. [seal.] “J. Tarbell. [seal.]” The words “seal” opposite the names of the defendants, a,nd the brackets enclosing those words, were in print. Besides two special counts on the note,…
1Opinion of the CourtJustice Cox
This is an action brought upon an instrument in the following language :
“$1,000. Jackson, Miss., Nov. 18, 1875.
“ Sixty days after date, we, or either of us, promise to pay to J. and T. Green, or order, one thousand dollars, value received.
“ J. L. Lake, Jr. [seal.]
“ J. Tarbell. [seal.] ”
The question was suggested in the outset, whether this was to be treated as a sealed instrument or a simple contract. The action is brought in debt, which would apply to an instrument bearing either character. It is in evidence that by the law of Mississippi, where this contract was made, this is a sealed…
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