Darcey v. Darcey

— The writing of October 4, 1906, being not payable on a day certain, and upon a contingency not inevitable, is invalid as a promissory note. The agreement that it represents, being one to release and surrender dower rights to the husband, is against public policy and the laws of the State. On both causes of action, the complaint as amended was insufficient. The order and judgment are affirmed, with costs. Jenks, P. J., Thomas, Rich, Stapleton and Putnam, JJ., concurred.