Walsh v. Cooper

Citations

• 10 Wash. 513
• 39 P. 127
• 1895 Wash. LEXIS 16

Syllabus

<p>sale — PAYMENT BY NOTE — BAILORS TO DELIVER GOODS.</p> <p>Whether or not the execution and delivery of a negotiable promissory note is effective as a payment of the obligation for which it is given, depends upon the intention of the parties at the time.</p> <p>Where a promissory note has been given with the understanding that it was “in payment for goods to be delivered,” otherwise the note was to be invalid, and the note has not been negotiated nor paid, but remains in the hands of the payee, who has failed to deliver all the goods contracted for, no action can be maintained by the maker against the payee to recover the difference between the amount of the note and the value of the goods actually delivered.</p>