Stevens v. Blunt

7 Mass. 240

• Court: Massachusetts Supreme Judicial Court
• Decided: November 15, 1810
• Status: Published

Opinion

Putnam,

for the defendant in error, now urged the objection which he made successfully at the Common Pleas.

But the Court held the note payable absolutely at a day certain, and they reversed the judgment of the Common Pleas, and ordered a new trial at the bar of this Court.

Story for the plaintiff in error,

(a)

.) [This decision is clearly wrong. The promisor had a right of election lo pay either at the time mentioned, or when the building should be completed, according to contract. The latter event might never take place; and, therefore, the note, at the election of the promisor, was payable on a contingency, which might, or might not, happen.—Ed.]