Tassel v. McGrail

Citations

• 93 Wash. 380

Syllabus

<p>Bills and Notes — Liability—Defenses—Collateral Agreement —“Unqualified Promise.” A promissory note, containing an absolute and unconditional promise to pay a fixed sum upon a day certain, cannot be qualified by affixing a collateral agreement that the same was to he paid only by the sale of lots and the application of the proceeds of the sales.</p> <p>Same. In such a case, though the two writings be construed together as one instrument, it is an absolute promise to pay, negotiable in character, within the meaning of Rem. 1915 Code, § 3394, declaring that an unqualified order or promise to pay is unconditional though coupled with an indication of a particular fund out of which the reimbursement is to be made; hence the condition is at best merely a privilege available as a defense only upon misapplication of available proceeds.</p>