Publisher's Synopsis
Excerpt from Cases on Negotiable Instruments: Supplementary to Ames's Cases on Bills and Notes
The provisions of the negotiable instruments law, which it is claimed are applicable to the note, are as follow: [quoting N. I. L. 1, 2, 4, The defendant contends that under these provisions of the statute the note is nonnegotiable for three reasons: (1) It IS not for a sum certain (2) it is not due at a fixed or determinable future time, (3) it contains promises to. Do acts in addition to the payment of money.
If for any of the reasons suggested the note is nonnegotiable, the case should have gone to the jury on the evidence offered in sup port of the plea of a failure of consideration, and, on the other hand, if it be held negotiable it was error to direct a verdict in view of the defendant's evidence which tended to show that the bank was not a holder in due cours Although the failure to submit the issues of fact to the jury requires a reversal, it is necessary to determine the question of the negotiability of the note.
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