
    Considerant v. Brisbane.
    In a complaint upon a written instrument, by which the defendant promised to pay to the plaintiff, “ as executive agent of the company, Bureau, Guillon, Godin & Co., the sum of $5000, for which I am to receive stock of said company, known as premium stock, (actions a primh,) to the amount of $5000, value received,” it is necessary to allege that the stock was delivered, or an offer to deliver it, on the day on which the $5000 was payable, or it will be bad on demurrer.
    Such an instrument is not a negotiable promissory note, and cannot be declared on as such. (Reported in 14 How. Pr. R. 487.)
    (At General Term,
    Oct., 1857.
    Before Duer, Ch. J., Bosworth, Hoffman, Slosson and Woodruff, J.J.)
     