PROMISSORY NOTE

no comments

A written promise to pay a certain sum of money, at a future time, unconditionally. By the Uniform Negotiable Instruments Act, a negotiable promissory note is defined as an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker’s own order, it is not complete until endorsed by him. Although a promissory note, in its original shape, bears no resemblance to a bill of exchange, yet when indorsed, it is exactly similar to one; for then it is an order by the indorser of the note upon the maker to pay the indorsee. The indorser is as it were the drawer; the maker, the acceptor; and the indorsee, the payee. Most of the rules applicable to bills of exchange equally affect promissory notes. No particular form is requisite to these instruments: a promise to deliver the money, or be accountable for it, or that the payee shall have it, is sufficient. There are two principal qualities essential to the validity of a note: First, that it be payable to all events, not dependent on any contingency, nor payable out of any particular fund. Second, it is required that it be for the payment of money only, and not in bank-notes; though it has been held differently in the state of New York. A promissory note payable to order or bearer passes by indorsement, and, although a chose in action, the holder may bring suit on it in his own name. Although a simple contract, a sufficient consideration is implied from the nature of the instrument.