Conn v. Thornton

Supreme Court of Alabama
Conn v. Thornton, 46 Ala. 587 (Ala. 1871)
Saffold

Conn v. Thornton

Opinion of the Court

B. F. SAFFOLD, ,J.

Of the essential elements of a promissory nóte, one is, certainly, as to the time of payment. Here, the rule that what can be made certain is ■certain, is permitted to operate. A note payable within a limited time after a man’s death, is sufficiently certain as to the time of payment, because an event must occur which will make this definite, — 1 Pars, on Notes and Bills, pp. 40, 88, 39. A written promise to pay a certain sum of money at the death of a party to the instrument, or at a limited time after the death of such a party, or of a third person, is a valid promissory note; because it must inevitably become due at some future time, since all men must die, although the exact period is uncertain. — Story on Prom. Notes, § 27.

The judgment is reversed, and the cause remanded.

Reference

Full Case Name
CONN v. THORNTON, Adm'x
Cited By
3 cases
Status
Published