Port Huron & Southwestern Railway Co. v. Potter

Plaintiff sued defendant on a railroad aid note, conditioned on the completion of the railroad of plaintiff as far as the township of Eiley. The declaration was upon the common counts with a copy of the instrument attached, the execution of which was denied but fully proved, as well as the performance of the condition. The only defense is that the paper was not admissible under the declaration because it is claimed not to be a promissory note in its *628proper sense. The plaintiff recovered below, and all the errors assigned rest on this objection.

The ground of it is that the statute concerning…