The Court said : The defendant asks for a non suit, and the questions before the Court are virtually these: — (1) Is the instrument a pro missory note p (2) If so, did the erasure by Mr. Shuttleworth constitute such an alteration as to vitiate the note altogether ? (3) If the instru ment is not a note, is it an agreement, and is the plaintiff at liberty to proceed upon it, after pay ing the stamp duty and Gne, and amending the particulars ? (4) If tho instrument is neither a note or an agreement, can the plaintiff in the present action recover the debt which it re presents, making nse of the document for the purposes of evidence in the same way that he would put in au 1.0. U. ? As regards the first point I am of opinion that the instrument before me is not a promissory note. The memorandum written by Captain Davios on the back must be considered as part of the instrument, controlling its operation, and making the payment of it to depend upon the occurrence of a contingency which may never happen. (The Court then read extracts from several legal authorities). Having thus disposed of the first question it is needless for the Court to discuss the effect of ihe erasure by Mr. Shutfcleworth of the words on the back of the so-called note. In the next place I do not see that the document can be treated as an agreement. There must be two parties to every contraot, though there may be only one contract ing party. Every contract include necessarily a concurrence of intention between two parties one of whom promises something to the other, who, on his part, accepts such promise. But here tho facts show no contraot between the respective parties, so that this piece of paper do«B uoc amount to an agreement. Lastly, neither amonnting to a promissory note, nor at taining to the dignity of an agreement, this instrument, nevertheless, ;; evidence of a debt due by virtue of mime antecedent contract, and to that extent it will be available in an action brought to recover the original debt, for it con tains a distinct admission that the Bum of £20 is due. The action, however, in such a c.-isi: would have to be brought in Mr. 