Preston v. Whitney
Michigan Supreme Court
Error to Wayne Circuit, to which this cause was brought by certiorari to a justice of the peace, to test the correctness of his rulings excluding certain evidence offered by the defendant. The judgment in the justice’s court was for plaintiff, which was reversed by the circuit court. The ■facts upon which the questions decided arise are sufficiently set forth in the opinion.
1Opinion of the CourtOhristiancy, J.
The instrument, upon which Preston sought to recover before the justice, was in the following words:
“ $70. Detroit, Nov. 25th, 1869.
“On demand after date, I promise to pay to the order of M. Preston, seventy sollars, value received, with c (ten erased)’ 7 per cent, interest.
“This note is to be valid as part-pay for a piano-forte of me at retail price. C. J. Whitney.”
Prima facie and without any explanatory evidence •aliunde, we think this instrument must be regarded as a promissory note for the payment of money, with the option to the payee to apply it as part-payment on the purchase ■of a…
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