DH CATTLE HOLDINGS CO. v. REINOSO


176 A.D.2d 1057 (1991)

DH Cattle Holdings Company, Appellant, v. Edward J. Reinoso Jr., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 17, 1991


Mikoll, J.

This appeal presents two questions for our review (1) whether a note providing that the amount of interest payable at maturity was "[t]o be determined" was not a negotiable instrument because it did not contain a "sum certain", and (2) whether the instrument is enforceable as a simple contract. In our view Supreme Court properly ruled that the note was nonnegotiable by reason of the provision "[t]o be determined", but erred in granting defendant...

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