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46 Ala. 587

Conn v. Thornton

Supreme Court of Alabama

Decided June 15, 1871

Supreme Court of Alabama · decided 1871-06-15

Tried before Hon. Littleberr^ Strange. The appellant, as plaintiff, in his complaint claimed “of the defendant (the appellee) as administrator of Walker R. Thornton, deceased, the sum of five hundred dollars due by promissory note made by the said decedent in his life-time in these words : “One day after date I promise to pay, or at my death, W. G. Conn or bearer, the sum of five hundred dollars for labor done by W. G. Conn, for value received, this 11th day of December,…

Cited by 3 later decisions — most recently December 1912

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

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B. F. SAFFOLD, ,J.

¶1Of 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.

¶2The judgment is reversed, and the cause remanded.

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