Legal Opinion

Standard Fire Ins. Co. v. Fuller

Court of Appeals for the D.C. Circuit

Decided March 20, 1952No. 11112PublishedCited by 2 opinions

1Opinion of the Court

EDGERTON, Circuit Judge.

On August 31, 1945 the Washington Housing Corporation executed a so-called promissory note, hereafter called the note, naming one Bailey as payee. But above the Corporation’s signature were the words “without recourse to maker.” Since these words contradicted and canceled what would otherwise have been “an unconditional promise or order to pay a certain sum in money” the note did not comply with the requirement of D.C.Code (1940) § 28-102 that an instrument, in order to be negotiable, must contain such a promise. The note created no obligation, negotiable or…

2Cited by2 opinions

  1. Nationwide Mutual Fire Insurance Co. v. WilbornSupreme Court of Alabama · 1973
  2. Foster v. United States Aviation Underwriters, Inc.District of Columbia Court of Appeals · 1968

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