Walrad v. Petrie
New York Supreme Court
Demurrer to declaration. The declaration contained a count on a promissory note for $1600 payable to P. Walrad, junior, or Robert Bowman, stated to have been made for value received. There was also a count for money lent, had and received, &c. To the first count the defendants demurred, and the second pleaded the general issue. The plaintiffs joined in demurrer.
1Opinion of the Court
By the Court
Marcy, J.
It is urged in support of the demurrer that this is not a promissory note within the statute, and that the count having been framed on it as such, 'is therefore bad. There is a contingency, it is said, as to the person to whom it is to be paid, and is not therefore within the statute. On the part of the plaintiff it is contended that the contingency is no greater than it would be if the word and was substituted for or, because had the note been payable to Walrad and. Bowman, payment to either would have been a satisfaction of the note; we are therefore asked to consider…
2Cited by10 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Davis v. . GarrNew York Court of Appeals · 1851
- Dunlap v. KellyMissouri Court of Appeals · 1904
- Kean v. MitchellMichigan Supreme Court · 1865
- St. Lawrence County National Bank v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1912
5 more not listed; retrieve them via the Exa API.