Foster, his agent, make a promissory note, that fact should be set forth in the complaint, as follows: (Title.) (Commencement.) I. That the defendant, at the city of New York, on the 8th day of June, 1865, by one John Foster, his agent, duly authorized thereto, made his promissory note, in writing, and delivered the same to the plaintiff, of which the following is a copy: “$500. NEW YORK, June 8, 1865. * One month after date, I promise to pay John B. Astor, or order, five hundred dollars, value received. WILLIAM BLAKE, "By JOHN FOSTER." II. That there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) 8. When a promissory note is payable in any thing but money, it does not come within the statute. There is no presumption that it is founded upon a valuable consideration. A consideration must be alleged in the complaint, and proved on the trial. The acknowledgment of a consideration in such promissory note, by inserting the words “value received," is sufficient to cast upon the defendant the burden of proof that there was no consideration. The acknowledgment of " value received," raises the presumption that the note was given for value; but this presumption may be rebutted by the defendant. In a complaint on such a note, the facts are set forth in the following form: John Foster his agent, make a promissory note, what is the form of complaint on such note? 8. When is a promissory note not within the statute? What presumption does not arise? What must be alleged in the complaint, and proved on the trial? If the words "value received" be inserted in such note, what is the effect? What presumption do the words “value received" raise? Can this presumption be rebutted? In a complaint on such a note, in what form are the facts set forth? (Title.) (Commencement.) I. That defendant, at the city of New York, on the 8th day of June, 1865, made his promissory note, in writing, and delivered the same to plaintiff for value received, of which the following is a copy: "$500. 66 NEW YORK, June 8, 1865. One month after date, for value received, I promise to pay to John B. Astor, or order, five hundred dollars in wheat, at one dollar per bushel, at No. 125 Washington-street, New York city. “WILLIAM BLAKE.” II. That at the maturity of said note, the same was duly presented for payment according to the purport thereof, but was not paid, nor any part thereof; and defendant is now justly indebted to plaintiff thereon in the sum of five hundred dollars damages, with interest from the 8th day of July, 1865. (Demand.) (Verification.) 9. When the payment of a promissory note is conditional, it does not come within the statute. In an action upon a conditional promissory note, the facts constituting the cause of action are set forth in the complaint, in the following form: (Title.) (Commencement.) I. That the defendant, at the city of New York, on the 8th day of June, 1865, made his promissory note, in writing, and delivered the same to plaintiff for value, of which the following is a copy: NEW YORK, June 8, 1865. "$500. "One year after date, for value received, I promise to pay John B. Astor five hundred dollars, in case the proceeds of the farm I have this day bought of him shall exceed the sum of one thousand dollars. "JOHN FOSTER." II. Plaintiff further shows, on information and belief, that the proceeds of said farm did, before the expiration of one year, exceed the sum of one thousand dollars, of which defendant, on the 8th day of June, 1866, at the city of New York, had due notice, and payment of said note was then and there duly demanded; but said note has not been paid, nor any 9. If the payment of the promissory note is conditional? In a complaint upon a conditional promissory note, how are the facts constituting the cause of action set forth? part thereof; and there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest thereon from the 8th day of June, 1866. 10. When an action is commenced by the payee of a bill of exchange against the acceptor, who accepted the same, but failed to pay it at maturity, the facts constituting the cause of action are stated in the complaint, in the following form: (Title.) (Commencement.) I. That defendant, at the city of New York, on the 8th day of June, 1865, accepted a certain bill of exchange, in writing, and delivered the same to plaintiff for value, of which the following is a copy: Accepted. "$500. NEW YORK, June 8, 1865. "One month after date, pay to John B. Astor, or order, five hundred dollars, value received, and put the same to my account. "JOHN FOSTER. TO WILLIAM BLAKE, New York City." II. That there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) (Verification.) 11. If the facts were stated in the complaint according to their legal effect, without inserting a copy of the bill of exchange, they would be set forth as follows: (Title.) (Commencement.) I. That, at the city of New York, on the 8th day of June, 1865, one John Foster made his certain bill of exchange, in writing, dated on that day, directed to defendant, William Blake, and thereby requested defendant to pay to plaintiff, or order, the sum of five hundred dollars, 10. When an action is commenced by the payee, upon a bill of exchange, against the acceptor, who accepted the same, but failed to pay it at maturity, how are the facts constituting the cause of action stated in the complaint? 11. If the facts were stated in the complaint according to their legal effect, without inserting a copy of the bill of exchange, in what form would they be set forth? If an action be brought on two promissory one month after the date thereof, for value received, and delivered the same to plaintiff. II. That defendant, on presentment of said bill of exchange, duly accepted the same. III. That the said bill of exchange has not been paid, nor any part thereof; but the defendant is now justly indebted to plaintiff in the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) or Where an action is brought on two promissory notes, two bills of exchange, the facts constituting each cause of action must be separately stated. When a bill of exchange has been accepted by an agent, that fact must be set forth in the complaint, as in the like case in promissory notes. 12. When a promissory note is made payable at a certain time after sight, presentment and notice that the maker is required to pay the note according to the terms thereof, are conditions which are necessary to fix the time of payment, and must be alleged in the complaint. In an action on such a note, the facts constituting the cause of action are set forth as follows: (Title.) (Commencement.) I. That the defendant, at the city of New York, on the 8th day of June, 1865, made his promissory note, in writing, and delivered the same to plaintiff, of which the following is a copy: "$500. NEW YORK, June 8, 1865. One month after sight, I promise to pay John B. Astor, or order, five hundred dollars, value received. WILLIAM BLAKE." II. That on the first day of July, 1865, at 128 Broadway. in the city of New York, said note was presented to the defendant, William Blake, with notice that payment was required according to the terms thereof. notes, or two bills of exchange, how must the facts be stated? If a bill of exchange has been accepted by an agent? 12. When a promissory note is made payable at a certain time after sight, what are conditions necessary to fix the time of payment? Must they be alleged in the complaint? In an action upon such a note, how are the facts constituting the cause of action set forth in the complaint? III. That there is now due to the plaintiff thereon, from the defendant, the sum of five hundred dollars, with interest from the 4th day of August, 1865. (Demand.) CHAPTER XCIV. THE PRINCIPAL PARTS OF COMMERCIAL PAPER. 1. In examining the forms of promissory notes and bills of exchange, our attention should be directed to1. The place where the paper is made; 2. The date; 3. The time of payment; 4. The promise in notes, and the order in bills; 5. The payee; 6. The amount; 7. The acknowledgment of value received; 8. The signature of the maker; 9. The drawer of a bill; 10. The place of payment. In order to ascertain whether a bill of exchange be foreign or inland, the place where it was made should appear upon the face of the bill. If the place where a bill of exchange or a promissory note was made be omitted, it may be proved by parol evidence. 2. Commercial paper may be ante-dated or post-dated. If it become necessary to prove the true date, this may be done by parol evidence. The error in the date must be alleged in the complaint, whenever it is necessary to 1. To what points should our attention be directed in examining the forms of promissory notes and bills of exchange? In order to ascertain whether a bill of exchange is foreign or inland, what should appear upon its face? If the place where made be not on the bill or note, how may the place be proved? 2. How may commercial paper be dated? If it becomes necessary to prove the true date, how may this be done? What must be alleged in the complaint, when it is necessary to prove the true date? How are the facts constituting the cause of action set forth in the complaint, in such case? For what purpose is the date important? If it is without date, how is the time computed? If the day the note was made cannot be ascertained? |