Bryne v. Bryne
Cases that cite this one
3 later published cases cite this decision.
- Blye International Ltd. v. Robinson (Mass. Dist. Ct., App. Div. 1976)
- McDonald v. Hanahan (Mass. 1952)
- Ross v. Chisholm (Mass. Dist. Ct., App. Div. 1952)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is plain, we think, that the instrument declared on is a promissory note. It is not a negotiable promissory note and is not declared on as such. The word “ payable ” in the connection in which it occurs imports a promise by the maker to pay at the time fixed the sum named. The promise is not one implied by law from an acknowledgment; of indebtedness, but is the maker’s own promise. It is not contended that the other elements necessary to constitute a promissory note are not included in the instrument declared on. See Kimball v. Huntington, 10 Wend. 675; Mitchell v. Rome Railroad, 17 Ga. 574; Carver v. Hayes, 47 Maine, 257; Pepoon v. Stagg, 1 Nott. & McC. 102; Cowan v. Hallack, 9 Col. 572; Waithman v. Elsee, 1 C. & K. 35; Richer v. Voyer, L. R. 5 P. C. 461, 476. The question whether the instrument was or was not a promissory note was one of law for the court and evidence that it was intended by the defendant as a memorandum merely was rightly excluded.
Exceptions overruled with double costs and interest at twelve per cent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.