Massachusetts Supreme Judicial Court November 15, 1863 (American Exchange Bank v. Blanchard)

Bigelow, C. J.

The contract set out in the second count in the declaration is not a promissory note on which an action can be maintained in the name of any person other than the promisee. It is not payable absolutely. The words “ subject to the policy,” appended to the promise, are susceptible of an easy and intelligible interpretation.