Case: 1

Title:
Powell and Powell vs. Greenleaf and Currier
Issue:
This suit is to recover the balance due on two instruments in writing dated,
respectively, July 6, 1922 and July 7, 1923.

Facts:
(1) Instrument to be negotiable must contain among other things,
unconditional promise or order to pay sum certain in money.
(2) Unqualified order to pay or promise to pay is unconditional within
meaning of the statute though coupled with statement of transaction
which give rise to the instrument.
(3) To destroy negotiability of bill of exchange or promissory note,
reference to collateral contract must show that obligation to pay is
burdened with conditions of the contract.
(4) Instrument contain provision that first payment is to be upon signing
of instrument, held not to be rendered non-negotiable thereby, as
contrary to requirement of G.L. 2871 that an instrument to be
negotiable must be payable on demand at affixed determinable future
time, signing of instrument determining time of payment, which to be
immediately thereafter.
(5) Whether instrument are negotiable must be determined in language of
instruments themselves, unaided by inspection of extrinsic
instruments to which they refer.

Decision:
Judgement reversed and caused remanded.