Austin v. Burns
New York Supreme Court
This action was commenced in a justice’s court, to recover the amount due upon an agreement, of which the following is a copy: “ For value received I promise to pay Palmer Cheesebrough or bearer, twenty-five dollars by the first day of January next. I am to insure one span of colts from my horse to Mr. Cheesebrough’s sorrel mares this season, for ten dollars and fifty cents. The mares is to be brought to my house. Bated Aurelius, June the 27th, 1850. Thomas Burns.”
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This action was commenced in a justice’s court, to recover the amount due upon an agreement, of which the following is a copy: “ For value received I promise to pay Palmer Cheesebrough or bearer, twenty-five dollars by the first day of January next. I am to insure one span of colts from my horse to Mr. Cheesebrough’s sorrel mares this season, for ten dollars and fifty cents. The mares is to be brought to my house. Bated Aurelius, June the 27th, 1850. Thomas Burns.” The answer of the defendant to the complaint was in these words: “ The defendant in this suit denies each and every allegation in…
1Opinion of the Court
By the Court, T. R. Strong, J.
The writing upon which the action was brought, is not a promissory note; it not being for the payment of money only. (Story on Prom. Notes, §§ 17, 18. Story on Bills, § 43.) It contains, in addition to a promise to pay money, stipulations to do other things, and the whole contents form an entire contract. The clause for the payment of money cannot be detached, and regarded and enforced separate from the rest.
Hot being a promissory note, although it expresses that the money specified therein is payable to the person named as payee or bearer, it was not…
2Cited by6 opinions
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- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Beaudrias v. WalckNew York Supreme Court · 1892
- In re AldrichDistrict Court, N.D. New York · 1883
- Rue v. PerryNew York Supreme Court · 1871
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