Crider v. Shelby

• Decision Date: 01 July 1899
• Docket Number: 9,715.
• Citation: 95 F. 212
• Parties: CRIDER v. SHELBY.
• Court: United States Circuit Court, District of Indiana

95 F. 212

CRIDER v. SHELBY.

No. 9,715.

United States Circuit Court, D. Indiana.

July 1, 1899

Jaques & Jaques and Edenharter & Mull, for plaintiff.

Burke &amp Warrum, for defendants.

BAKER District Judge.

This is an action at law, brought by the plaintiff, a citizen of the state of Iowa, against Samuel N. Shelby, special administrator of the estate of Noble Warrum, deceased, a citizen of the state of Indiana, upon an instrument in writing in the words and figures following:

'Ottumwa Iowa, Sept. 22, 1873.

'Sixty days after my death I bind myself by these presents to pay to Mary E. Crider, wife of John J. Crider, the sum of eighteen thousand and five hundred dollars, with six per cent. interest after January 1st, 1880. Said amount I hereby direct my administrators and executors to pay in good current money of the United States. For value received.

'Witness my hand and seal, day and date above written.

Nobel Warrum.

'Attest: W. S. English.

'Joseph Gray.'

The defendant has filed a demurrer to the complaint for want of facts, and in argument assigns two grounds why the complaint should be adjudged insufficient.

It is first contended that the instrument is not a promissory note, but is an attempt to make a testamentary disposition of property, and is destitute of legal efficacy as the foundation of a cause of action. I cannot concur in this view. There is no attempt to make a testamentary disposition of property, for the instrument contains no provisions resembling those of a will. It is an absolute promise to pay money. It differs from an ordinary promissory note in the single particular that it fixes the time of payment at a period subsequent to the promisor's death. It is nevertheless a promise to pay money absolutely, and at all events, to a person named, and at a time certain, because that is certain which may be rendered certain; and it has, therefore, every essential feature of a promissory note. All the modern authorities agree that such instruments as the one in question are to be deemed promissory notes of the persons by whom they are executed. The text writers and adjudications supporting this view are too numerous for citation.

It is next insisted that the demurrer ought to be sustained because this court is without jurisdiction for the reason that the statute of this state requires that all claims against the estates of decedents shall be filed with the clerk of the...