Hastings v. Thompson
Supreme Court of Minnesota
Appeal by plaintiff, Henry E. Hastings, irom an order of the District Court of Dakota County, F. M. Crosby, J., made October 20, 1892, overruling his demurrer to the answer.
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Appeal by plaintiff, Henry E. Hastings, irom an order of the District Court of Dakota County, F. M. Crosby, J., made October 20, 1892, overruling his demurrer to the answer. The defendant, Alvaro J. W. Thompson, made his fifteen promissory notes July 15,1888, dated that day, whereby for value received he promised in and by each note to pay to the order of John Johnston, A. J. Smith, F. E. Searle, William M. Bushnell and A. B. Bushnell on June 15, 1891, six hundred dollars at the office of Bushnell & Bushnell, St. Paul, Minn., together with current exchange on New York City, and interest at…
1Opinion of the CourtMitchell, J.
The only point raised on this appeal is whether the instruments sued on are promissory notes, for, if they are, they are unquestionably negotiable under the law merchant. They are promises to pay specified sums of money in St. Paul, “with current exchange on New York City;” and the only question is whether this provision as to exchange renders the sums required to discharge them uncertain, within the meaning of the familiar rale that one of the essential qualities of a promissory note is that the amount to be paid must be fixed and certain, and not contingent. In the definitions of a…
2Cases cited9 opinions
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