Legal Opinion

Craemer v. Wood

Massachusetts Supreme Judicial Court

Decided October 15, 1869PublishedCited by 2 opinions

Contract on a promissory note signed by the defendant, by which, for value received, he promised to pay the plaintiff" or order $72.59,ei as soon as I receive the pay for a certain lot of shoddy which I have this day bought of him and sold to Merriam & Simpson.”

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Contract on a promissory note signed by the defendant, by which, for value received, he promised to pay the plaintiff" or order $72.59,ei as soon as I receive the pay for a certain lot of shoddy which I have this day bought of him and sold to Merriam & Simpson.” At the trial in the superior court, before Reed, J., the plaintiff proved that the defendant made and delivered to him the note declared on, and also testified that the defendant, after the note was given and before action brought, told him that he had received pay for a part of the shoddy from Merriam & Simpson; that they had…

1Opinion of the CourtAmes, J.

The defendant’s note is an acknowledgment of a debt, and a promise to pay it at a future time. This future *442time, instead of being a precise date agreed upon in advance, is made to depend upon the happening of an event, which both parties expect will happen within some reasonable time, although neither of them knows exactly at what time. The note on its face indicates that the defendant was expecting to be in funds from Merriam & Simpson, for goods which he had previously bought of the plaintiff and had sold to them ; but there is nothing in the note to indicate that the expected payment from…

2Cited by2 opinions

  1. Van Trott v. WieseWisconsin Supreme Court · 1874
  2. Ford v. McGarveyNew Mexico Supreme Court · 1891

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