Gibbs v. Linabury

Linabury sued Gibbs before a Justice and declared upon a note of the following tenor:

["$120 00.] [Avon, Nov. 3d, 1869.]

G. G. 10 cent stamp. Nov. 3, 1869.

On or before the first day of August, 1870, for value received, [I] promise to pay to Clark & Brooks, or bearer, [one hundred and twenty] dollars, with use, payable at [First National Bank in Pontiac.] Graham Gibbs.”

The defendant pleaded the general issue, and filed an affidavit denying the execution of the note. On the trial before the Justice both parties were examined as witnesses, and judgment passed against Gibbs and he appealed.

When the…