Naftzker v. Lantz

The plaintiff sued the three defendants,, father and sons, as copartners, in j'ustice’s court, upon a promissory note signed “Lantz & Co.” They appeared by counsel, and plaintiff declared upon the note, filing the-same with the j'ustice at the time of pleading, in conformity to the practice permitted by 1 Comp. Laws, § 836,, which provides:

“ When any written instrument purporting to be executed by one of the parties is declared upon or set off, it-may be used in evidence on the trial of the cause against such party, without proving its execution, unless its execution be denied by oath, at…