Something Else by Daniel J. Kornstein

Author:Daniel J. Kornstein [Kornstein, Daniel J.]
Language: eng
Format: epub
ISBN: 9781463446239
Publisher: AuthorHouse
Published: 2012-01-10T00:00:00+00:00

EXHIBIT A

NON-NEGOTIABLE PROMISSORY NOTE WITH BOND

3000 Ducats, Venetian At the Notary, The Rialto,

Venice, New York

Made: This 10th day of the month of April, 1595

1. LOAN AMOUNT AND TERMS OF REPAYMENT

FOR VALUE RECEIVED OF 3000 Ducats, Venetian (the “Moneys”), and for other good and sufficient consideration, the undersigned Antonio, residing at the Ca D’Oro, Canalasso (“Borrower”), promises to repay to the undersigned Shylock, residing near to the Scuola Grande Tedesca in the Ghetto of Venice (“Lender”), the aforesaid Moneys in the principal sum of 3000 Ducats, with 0% (zero percent) usance, said Moneys to be paid three months to the date set forth above as the making of this Note and said payment to be made at the Notary of Venice, The Rialto, Venice, New York, or such other place as the Lender may designate.

2. BOND

Should Borrower fail to repay the Moneys at the time due under this Note, Borrower shall forfeit his Bond, here given in security for this Note, said Bond being a pound of flesh to be cut off and taken in what part of Borrower’s body pleaseth Lender, which Lender herein designates as the part of Borrower’s breast nearest his heart.

3. NO ACCELERATION

The Lender has no right to accelerate the time due for repayment for any reason.

4. ATTORNEYS’ FEES

If any legal action or other proceeding is brought for the enforcement of this Note, the prevailing party, in addition to any other relief to which he may be entitled, shall be entitled to recover reasonable attorneys’ fees or other costs incurred in connection with such action or proceeding and in any petition for appeal or appeal therefrom.

5. NOTICE

Any notice to Borrower with respect to this Note shall be given by Duke’s Courier, return receipt requested, addressed to Borrower at his address stated above, or to such other address as Borrower may designate by notice to Lender. Any notice to Lender shall be given by Duke’s Courier, return receipt requested, addressed to the Lender at his address stated above, or at such other address as may have been designated by notice to Borrower.

6. GOVERNING LAW

This Note shall be governed by the laws of the State of New York and the, United States of America, circa 2008.

7. CHOICE OF FORUM

Any action or proceeding brought for the enforcement of or otherwise in relation to this Note shall be brought in the Courts for and within the jurisdiction of Cardozo Law School.

8. ENTIRE AGREEMENT

This Note constitutes the entire agreement between the Borrow and Lender and may be modified only on unanimous written consent.

/s/

Antonio, Borrower

ACCEPTED:

/s/

Shylock, Lender

WITNESSED AND SEALED:

/s/

Notary of Venice

SPECIAL COURT OF APPEALS

X

SHYLOCK, :

Appellant, :

-against- :

ANTONIO, :

Appellee. :

X

Reply Brief For Appellant Shylock

Appellee Antonio’s brief offers no good reason — much less a cogent one — for affirming the intolerable decision below. On the contrary, Antonio’s brief is a curious and extraordinary document, curious in what it says and extraordinary in what it does not say. Unhappy with the trial record and the applicable law, Antonio vainly tries to ignore both.

Appellee’s brief is an example of what one of the trial witnesses — an early and prescient champion

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