Bryne v. Bryne
Massachusetts Supreme Judicial Court
Contract for $585 with interest at the rate of six per cent per annum from April 1, 1904. The declaration contained two counts, the first for the amount named, alleged to be a balance found to be due to the plaintiff by the parties on an accounting together, and the second as follows: “And the plaintiff says that the defendant made a promissory note payable to the plaintiff, a copy whereof is hereto annexed marked Exhibit A, and the plaintiff says that the defendant owes him…
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Contract for $585 with interest at the rate of six per cent per annum from April 1, 1904. The declaration contained two counts, the first for the amount named, alleged to be a balance found to be due to the plaintiff by the parties on an accounting together, and the second as follows: “And the plaintiff says that the defendant made a promissory note payable to the plaintiff, a copy whereof is hereto annexed marked Exhibit A, and the plaintiff says that the defendant owes him thereon the amount of said note and interest thereon as therein stipulated when payment of the same was duly demanded…
1Opinion of the CourtMorton, J.
It is plain, we think, that the instrument declared on is a promissory note. It is not a negotiable promissory note and is not declared on as such. The word “ payable ” in the connection in which it occurs imports a promise by the maker to pay at the time fixed the sum named. The promise is not one implied by law from an acknowledgment; of indebtedness, but is the maker’s own promise. It is not contended that the other elements necessary to constitute a promissory note are not included in the instrument declared on. See Kimball v. Huntington, 10 Wend. 675; Mitchell v. Rome Railroad, 17 Ga.…
2Cases cited2 opinions
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Mitchell v. Rome Rail RoadSupreme Court of Georgia · 1855
3Cited by4 opinions
- Zielmann v. CopelofMassachusetts Supreme Judicial Court · 1919
- McDonald v. HanahanMassachusetts Supreme Judicial Court · 1952
- Blye International Ltd. v. RobinsonMassachusetts District Court, Appellate Division · 1976
- Ross v. ChisholmMassachusetts District Court, Appellate Division · 1952