Howe Machine Co. v. Simler

— This suit was commenced before a justice of the peace, and appealed to the circuit court. It is brought on a promissory note made by the appellee to the appellant, dated June 25th, 1873, due three months after date, for seventy-five dollars, which contains the following peculiar provision:

“ No credits allowed on this note unless endorsed on the note at the time the payment is made.”

The following credit was endorsed upon the note at the time it was made:

“ Received forty dollars on this note. J. E. Hall.”

Trial'by jury, and verdict for defendant. ' At the trial, the appellee offered a receipt,…