64 Me. 37 | Me. | 1875
This is an action of assumpsit by the plaintiff as the indorsee of a note of which the following is a copy:
“Port Fairfield, June 24, 3869.
For value received, I promise to pay Joseph Chandler or order ninety dolls., one-half of which to be paid in March next, the remainder in Sept, next, after with interest. Said promise made for a colt, this day taken, said colt holden for the payment of said amount. C. C. Bradbury.”
Indorsed : “without recourse to me. Joseph Chandler.”
It is objected-that the note is not negotiable, inasmuch as by the last clause the consideration of the note is stated, and that the colt should be holden for its payment.
The essentials of a promissory note are, that it is payable to order or bearer, in money, at all events, and not upon any contingency, nor out of any particular fund.
The note in suit has all these elements. That it states the consideration for which it was given ; and that, if recorded, it might operate as a mortgage, does not render it any the less a promissory note. Thus, in Fancourt v. Thorne, 58 E. C. L., 310, the note was in the following terms : “On demand I promise to pay
Objection is taken that the note does not sustain the declaration. True, the writ is not a model of artistic pleading, but we think there is no fatal variance. The note has “ninety dolls.;” the declaration, “$>90” (in figures); the note says, “remainder,” the declaration, “balance;” the note says, “Sept.,” the declaration, “September;” but all this does not prevent the person and case from being rightly understood. The note is payable with interest. “The remainder in September next after,” is next after the-preceding payment, which was to have been made in March.
Exceptions overruled.