Also known as:notes · noted · noting · promissory note
Written by attorneys · grounded in primary & secondary sources — see below
A written promise by one party to pay a sum of money to another party or to bearer. The note creates an underlying obligation that a mortgage or other security device may secure. The obligation may be existing or future and may be defined in the note itself or by separate agreement.
Sources & Authorities
How it applies
Common Examples
6
Mortgage Secured by Separate Note
Nadia Novak borrows funds from Nexus Financial to purchase land. She executes a promissory note promising repayment in installments and grants a mortgage on the land to secure that note. When Nadia defaults on payments, Nexus accelerates the debt under the note and initiates foreclosure on the mortgage.
Grand Jury Reporter Notes
A federal prosecutor presents evidence to a grand jury investigating corporate fraud. The court reporter prepares notes of all testimony except during deliberations. The government retains custody of those notes after the session ends.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Nova Pharmaceuticals needs capital for expansion. Its board authorizes issuance of shares to Neil Nair in exchange for a promissory note promising future payment. The board determines the note constitutes adequate consideration before the shares are delivered.
Debt Note in Impracticability Dispute
Natasha Nielsen contracts to deliver goods secured by a promissory note from the buyer. A sudden embargo makes performance impossible. The buyer claims the note debt is discharged because the underlying obligation has become impracticable.
Noting Inability to Sign Will
Noah Nakamura cannot sign his international will due to injury. The authorized person records the reason on the document and notes that a witness signed at Noah's direction. The absence of Noah's own signature does not invalidate the will.
Private Plaintiff Defamation Claim
Nikhil Narayan, a private citizen, sues a publisher for a false statement about his business dealings. He proves negligence but cannot show actual malice. The court permits recovery of actual damages but bars presumed or punitive damages.
Common questions
Frequently Asked
4
What is required for a note to serve as the underlying obligation for a mortgage?+
A mortgage or other security device must secure a valid obligation, typically a debt or promise to pay that may be defined in the note itself. If the obligation is void or discharged, the mortgage may be extinguished.
Can shares be issued in exchange for a promissory note?+
The board of directors may authorize shares for consideration that includes promissory notes, provided the board determines the consideration is adequate before issuance.
How does a note function in an international will when the testator cannot sign?+
The authorized person must note the reason for the inability to sign on the will. Another person may sign the testator's name at the testator's direction, and that action must also be noted.
What limits recovery for a private plaintiff in a defamation action involving a note or statement?+
Private plaintiffs need not prove actual malice for compensatory damages but may not recover presumed or punitive damages without showing actual malice.
32 N.J. 358, 161 A.2d 69 (1960)Torts
…“Conditions” and contains ten separate paragraphs consisting of 65 lines in all. The paragraphs do not have headnotes or margin notes denoting their particular subject, as in the case of the “Owner Service Certificate” to be referred to later. In the seventh paragraph, about two-thirds of the way down the page, the…
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