Pistel v. Imperial Mutual Life Insurance

Citations

• 88 Md. 552
• 43 L.R.A. 219
• 42 A. 210
• 1898 Md. LEXIS 240

Syllabus

<p>Contracts — Promise to Pay when able or when Promisor feels able.</p> <p>A contract to pay a sum of money admitted to be due when the promisor is able, may be enforced upon allegation and proof that he is able before the bringing of the suit.</p> <p>Defendant corporation issued a certificate of indebtedness for a certain sum by which it promised to pay the same when it, the defendant, might feel able to pay and provided all similar certificates shall be paid pro rata. In an action on the certificate, the declaration alleged that the defendant had accepted the surrender of all similar certificates but had failed and refused to pay plaintiff’s certificate although able so to do. Held, that a demurrer to the declaration was properly sustained, because there was no allegation that the defendant felt able or knew that it was able to pay, and because there was no such allegation as to the circumstances under which the other similar certificates had been surrendered as would entitle the plaintiff to recover the full value of the certificate upon which suit was brought.</p>