Parker v. Hewitt

This is an. action against the maker of a promissory note, which expresses on its face, that it is for ‘money which the plaintiff advanced to the defendant to enter land and which he appropriated to his own use.’ The note is made payable to the plaintiff’s order with ten per cent interest from the date.

The defendant pleaded as an exception that the note was not given .as a negotiable instrument, but merely as an acknowledgment of a sum of money in deposit in the hands of the defendant, subject to future arrangement.

On the merits he averred that he owed nothing, and that the money was advanced…