The appellant sued the respondent on an instrument alleging it to be a promissory note.
The instrument included a promise to pay a principal amount 'with interest on the unpaid principal from the date of advance'.
The Supreme Court of Canada held that the instrument was not a promissory note within the meaning of the Bills of Exchange Act because the 'date of advance' was not specified on the face of the document, making the amount of interest, and therefore the total sum payable, uncertain.
The appeal was dismissed.
