DH Cattle Holdings Co. v. Reinoso

— Mikoll, J.

Appeal from that part of an order of the Supreme Court (Mugglin, J.), entered January 24, 1991 in Delaware County, which granted defendant’s cross motion to dismiss the complaint for failure to state a cause of action.

This appeal presents two questions for our review (1) whether a note providing that the amount of interest payable at maturity was "[t]o be determined” was not a negotiable instrument because it did not contain a "sum certain”, and (2) whether the instrument is enforceable as a simple contract. In our view Supreme Court properly ruled that the note was nonnegotiable…