VII. PROMISSORY NOTES

[Illustration: Ordinary form of promissory note.]

A PROMISSORY NOTE is a written promise to pay a specified sum of

money. At the time of the note's issue--that is, when signed and

delivered--two parties are connected with it, the _maker_ and the

_payee_. The maker is the person who signs or promises to pay the

note; the payee is the person to whom or to whose order the note is

made payable. NEGOTIABLE in a commercial sense means _transferable_,

and a negotiable note is a note which can be transferred from one

person to another. A note to be made negotiable must contain the word

_bearer_ or the word _order_--that is, it must be payable either _to

bearer_, or _to the order_ of the payee. A NON-NEGOTIABLE note is

payable to a particular person _only_. A note may be written on any

kind of paper, in ink or pencil. It is wise, however, to use ink to

prevent changes. All stationers sell blank forms for notes which are

easily filled in.

The samples of notes which appear in this lesson are selected simply

to illustrate to students the fact that there are a great many special

forms of notes in common use. The wording differs slightly in

different States.

The DATE of a note is a matter of the first importance. Some bankers

and business men consider it better to draw notes payable at a certain

fixed time, as, "_I promise to pay on the 10th of March, 1897_." The

common custom is to make notes payable a certain number of days or

months after date. A note made or issued on Sunday is void. The DAY OF

MATURITY is the day upon which a note becomes legally due. In several

of the States a note is not legally due until three days, called DAYS

OF GRACE, after the expiration of the time specified in the note.

[Illustration: A promissory note filled out on an engraved blank.]

The words VALUE RECEIVED, which usually appear upon notes, are not

necessary legally. Thousands of good notes made without any value

consideration are handled daily.

The PROMISE TO PAY of a negotiable note must be unconditional. It

cannot be made to depend upon any contingency whatever.

Notes that are made in settlement of genuine business transactions

come under the head of regular, legitimate business paper. An

ACCOMMODATION note is one which is signed, or indorsed, simply as an

accommodation, and not in settlement of an account or in payment of an

indebtedness. With banks accommodation paper has a deservedly hard

reputation. However, there are all grades and shades of accommodation

paper, though it represents no actual business transaction between the

parties to it, and rests upon no other foundation than that of mutual

agreement. No contract is good without a consideration, but this is

only true between the original parties to a note. The third party or

innocent receiver or holder of a note has a good title, and can

recover its value, even though it was originally given without a

valuable consideration. An innocent holder of a note which had been

originally lost or stolen has a good title to it if he received it for

value.

[Illustration: A special form for a promissory note.]

A note does not draw interest until after maturity, unless the words

WITH INTEREST appear on the face. Notes draw interest after maturity

and until paid, at the legal rate.

A note should be presented for payment upon the exact day of maturity.

Notes made payable at a bank, or at any other place, must be presented

for payment at the place named. When no place is specified the note is

payable at the maker's place of business or at his residence.

In finding the date of maturity it is important to remember that when

a note is drawn _days after date_ the actual days must be counted, and

when drawn _months after date_ the time is reckoned by months.

To DISCOUNT a note is to sell it at a discount. The rates of discount

vary according to the security offered, or the character of the loan,

or the state of the money market. For ordinary commercial paper the

rates run from four to eight per cent. Notes received and given by

commercial houses and discounted by banks are not usually for a longer

period than four months.

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