Atkinson v. Weidner

This case was before this Court at the January term, 1890, and is reported in 79 Mich. 575. We refer for a statement of facts to the opinion in that case.

In the opinion then handed down, it was stated that the defendants' claims on the trial were—

“1. That the defendants did not understand that the paper signed by them was a promissory note.

“2. That there was a contemporaneous parol agreement that the note should not be payable according to its terms.

*413“ 3. That there was a trust created; and, in view of such trust, which will be outlined hereafter, defendants'’ liability upon this note can only…